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SOMETHING NEW. 



A New and Revised Edition of 



Edwards's 500 Qnestions in Civics 



WITH FULL ANSWERS, 



AND 



References ly Pap lo Northam's Civil Government. 

PRICE IN PAPER, 15 CENTS. 

The Questions on 2SO Cardboard Slips, 
with Key, SO cts. 

f^iT 3 These questions were made wholly independent- 
ly of Northam's Civil Government, and present the 
subject in many ways from different standpoints. For 
examination and for review they will be found of great 
benefit. 

C. W. BARDEEN, Publisher, Syracuse, N. Y. 



_^ l*£.A.iTTX-A-X. 



OF 

CIVIL GOVERNMENT 

FOR COMMON SCHOOLS 

INTENDED FOR 

PUBLIC INSTRUCTION 

EST THE 

STATE OF NEW YORK 

TO WHICH ARE APPENDED THE CONSTITUTION ^OF THE STATE OF NEW YORK 

AS AMENDED AT THE ELECTION OF 189*,' THE CONSTITUTION 

OF THE UNITED STATES, THE DECLARATION OF 

INDEPENDENCE, ETC., ETC. 

BY / 

HENRY C. NORTHAM 

One Hundred and Forty -first Edition, with both the Old Constitution 

and the New 

Note. — It is a distinctive feature of this manual that it gives the present 
facts as to the Civil Government of the State. Hence every edition requires 
changes in names. For convenience, however, all these changes occur in 
the first 16 pages, and extra copies of these pages with the latest changes 
may be had at any time for 50 cts. a dozen. 




\^2^was^ 



SYRACUSE, N. Y. 
0. W. BARDEEN, PUBLISHER 
1894 



Copyright, 1894, by C. W. Bardeen 



(=- 




. RECENT CHANGES IN SCHOOL LAW. 

Page 30 —The school-meeting is now held on the first Tuesday 
in August. 

Page 31, 5th line. — A person must have been a resident of the 
district for 30 days. 



CHANGES MADE BY THE NEW CONSTITUTION. 

To take effect January 1, 1895. 

P. 49. The term of office in cities of the first and second classes 
(all having above 50,000 inhabitants) is two years; and all elec- 
tions take place in the even years. 

P. 62. The Governor's term of office is 2 years. 

P. 67. The Superintendent of Public Works takes the place up- 
on the Canal Board formerly held by the Canal Superintendent. 
To take effect January 1, 1896. 

P. 14. The special courts under judiciary will be omitted, and 
Court of Sessions of New York substituted. 

P. 41. Kings county will have two county judges. 

The term of office of the New York county judge will be 14 
years. 

P. 42. In counties of 120,000 inhabitants no county judge or 
surrogate may act as attorney or counsellor in a court of record, 
or as referee. 

The justices of sessions are abolished. 

Pp. 43, 44. The Circuit, Oyer and Terminer and Court of Ses- 
sions are abolished. 

P. 46. Justices of Sessions are abolished. 

P. 50. The special courts named are abolished. 

P. 51. 150 members of the Assembly ; 50 senators. 

P. 53. For new apportionment, see map, page xix. 

P. 78. The Court of Sessions, Circuit, and Oyer and Terminer 
are abolished, and the General Term is succeeded by the Appel- 
late Division. 



CHANGES IJS T THE NEW CONSTITUTION. 

P. 79. The Court of Sessions is abolished. The County Court 
has original jurisdiction in actions for the recovery of money 
only, when both parties reside in the county, and the sum claimed 
does not exceed $2,000. 

P. 80. The divisions of the Supreme Court are the Regular 
Term, the Special Term, and the Appellate Division. 

The number of justices in each district is 10 in the 1st ; 9 each 
in the 2d, 5th, 7th, and 8th ; 8 each in the 3d, 4th, and 6th ; be- 
sides the judges of the special city courts, who are now trans- 
ferred to the Supreme Court, 

Pp, 81-83. For Circuit, Oyer and Terminer, substitute Regular 
Term, and for General Term substitute Appellate Division. For 
particulars concerning this, see pp. 181-183. 

We give in this edition both the Old Constitution and 
the New. The changes will be readily cheeked off from 
the following table : 

Omissions from the Constitution of 1888. 

159* (ii. 2) Part of last sentence, specifying when laws shall be 
enacted. 

161-165 (iii. 2-5) So changed as to be practically new. 
112 (v, 2) This section is now absorbed in the preceding. 

173 (v. 3) The sentence beginning at bottom of this page. 

174 (v 4) The latter half of last sentence on this page, begin- 
ning after semi-colon. 

176-187 The entire article is so changed as to be practically new. 

188 (vii. 3) The first clause, to with. 

189 (vii. 3) The second sentence, beginning The canal debt, 
191 (vii. 7) Forbidding sale of Onondaga salt springs. 

193 (vii. 14) In the first sentence, Canal Appraisers. In second 
sentence, the first clause, to semi- colon, and but. 

195 (viii. 7) From issuing banknotes to fifty, and the last clause 
beginning with contracted. 

197 (x. 1) Mention of coroners omitted. 

199 (xi. 1) This section is omitted, and the entire article is so 
changed as to be nearly new. 

*Paging in italic is for the old constitution as here given ; in roman for 
the new. 



CHANGES IN THE NEW CONSTITUTION. 

Changes in Position or in Numbering. 

155-157 i. 9-17 formerly, i. 10-18 (155-158.) 
169 iii. 20, formerly i. 9 (155). 

169 iii. 21, formerly vii. 8 (191). 

170 iii. 23. 24, 25, 26, 27, 28, formerly iii. 25, 20, 21, 22, 23, 24 
(166-167). 

193-196 vii. 1, 2, 3, 4, 5, 6, 8, 9, formerly vii. 9, 10, 11, 12, 13, 14, 
6, 3, (188-193). 

199 viii. 9, 10, formerly viii. 10, 11 (196). 
203 ix. 3, formerly ix. 1 (197). 
207 xii. 1, formerly viii. 9 (196). 

210 xiii. 1, formerly xii. 1 (201). 

211 xiii. 2, formerly xv. 1. 

211 xiii. 3, formerly xv. 2. 

212 xiii. 4, formerly xv. 3. 

212 viii. 6, formerly xv. 4. 

213 xiv. 1, formerly xiii. 1 (202). 

Changes in Sections. 

155 (i. 9) Inserted, or the sale of lottery tickets, poolselling, book- 
making, or any other kind of gambling, and added the last clause, 
and the Legislature, &c. 

158 (ii. 1) 2d line, 90 fox 10. 

159 (ii. 3) Inserted, or institution loholly or partly supported at 
public expense or by charity. 

(ii. 4) New from and for the registration. 

160 (ii. 5) New from or by such other method. 

166 (iii. 10) New from to preside to to act. 

167 (iii. 15) New from or become a law unless to or become a law 
except ; and from and upon to shall be allowed. 

169 (iii. 18) Appellate Division of the Supreme Court, in the de- 
partment, substituted for general term of the supreme court, in the 
district. 

172 (iv. 1) In the second line ticois substituted for three. From 
until and including is new. 

174 (i v. 7) From and if the President is new. 

176 (v. 1) New : and State Engineer and Surveyor, at the times 
and places of electing the Governor and Lieutenant- Cover nor, except 
as provided in section two of this article. 

179 (v. 5) At end, Superintendent of Public Works is substituted 
for Canal Commissioner. 



CHANGES IN THE NEW CONSTITUTION. 

194 (vii. 4) Sections 2 and 3 for the tenth and eleventh sections 
(192). 

196 (vii. 8) New from The prohibition to Hamburg street, and 
from the improvement to end. 

199-201 (viii. 10) New from No county or city to end of section. 

204 (x. 1) New, and registers in counties having registers, and 
from except in the counties to shall direct. 

205 (x. 6) Wednesday for Tuesday, and rest of section after 
January omitted. 

213 (xiv. 1) New, from and after to end. 

214 (xiv. 2) Change, 1916 for 1866, and new from the electors of 
every senate district to end. 

Wholly New Sections. 
157 (i. 18) No limit to damages for death, 
160 (ii. 6) Boards of registration. 

161-165 (ii. 2-5) Senate and Assembly districts. So changed as 
to be practically entirely new. 

170 (ii. 22) Extraneous provisions. 

171 (iii. 29) Prison labor by contract forbidden. 
176 (v. 2) Election of other State officers in 1895. 
180 (v. 9) Civil service examinations. 

181-193 (vi. 1-23) Judiciary. So changed as to be practically 
new. 

196 (vii. 7) The forest preserve. 

197 (vii. 10) Improvement of canals. 

201 (viii. 11) State commissions, 
(viii. 12) Appointment. 

202 (viii. 13) Existing laws. 

(viii. 14) Charitable institutions. 

203 (viii. 15) Additional powers, 
(ix. 1) Free schools. 

(ix. 2) Regents of the University. 

204 (ix. 4) Sectarian appropriations. 

206, 7 (xi. 1-6) Militia. So changed at to be practically new, 

208 (xii. 2) Classification of cities. 

209 (xii. 3) City elections. 
212 (xiii. 5) Railroad passes. 

215 (xiv. 3) Legislative amendments. 
(xv. 1) Date of taking effect. 



PRESIDENTIAL VOTE, PROM 1789 TO DATE. 






CANDIDATES. 



1801 



1805 



1813 

1817 

1821 
1825 



1829 
1833 



1837 
1841 
1845 
1849 



1853 
1857 
1861 



1789 George Washington 

1797 John Adams : 

Thomas Jefferson 

Thomas Jefferson 

Aaron Burr 

John Adams 

Thomas Jefferson 

C.C. Pinckney 

1809! James Madison 

C. C. Pinckney 

James Madison 

De Witt Clinton 

James Monroe 

Rufus King 

James Monroe 

J. Q. Adams 

Andrew Jackson 

W.H. Crawford 

Henry Clay 

Andrew Jackson 

J. Q. Adams 

Andrew Jackson 

Henry Clay 

John Floyd 

William West 

Martin Van Buren 

William H. Harrison 

William H. Harrison 

Martin Van Buren 

James K. Polk 

Henry Clay 

Zachary Taylor 

Lewis Cass 

Martin Van Buren 

Franklin Pierce 

Winfield Scott and others 

James Buchanan 

John C. Fremont and others.. 

Abraham Lincoln 

J. C. Breckenridge and others, 

Abraham Lincoln 

Geo. B. McClellan 

Ulysses S. Grant 

Horatio Seymour 

Ulysses S. Grant 

Horace Greeley 



1869 
1873 



Fed... 
Dem. . 
Dem. . 
Dem. . 
Fed... 
Dem. . 
Fed. . 
Dem. . 
Fed... 
Dem. . 
Fed... 
Dem. . 
Fed... 
Dem. . 
Fed... 
Dem. . 
Dem. . 
Whig . 
Dem. . 
Fed... 
Dem. . 
Whig . 
Whig . 
Whig . 
Dem. . 
Whig . 
Whig . 
Dem. . 
Dem. . 
Whig . 
Whig . 
Dem. . 
Dem. . 
Dem. . 
Whig . 
Dem. . 
Rep. . . 
Rep. . . 
Dem. . 
Rep. . . 
Dem. . 
Rep. . . 
Dem. . 
Rep. . . 
L. & D. 



Popular Vote. 



Elec. chosen by Legislature. 



Election went to H. of R., 

and Jefferson was elected 
on the 36th ballot 
Elec. chosen bv Legislature. 



But 1 electoral vote in op. . . 

105.321. Elec. bv II. of R. 

155.872 

44.282 

46.587 

647.231 

509.097 

687.502 

530,189 

Not known 



761.549. 

736,656. 
1.275.011. 
1.135.761. 
1.337.243. 
1,361,362. 
1.360.099. 
1.220.544. 



291.263. 
1,601.474. 

1.542.403. 
1.838,169. 
2.215,798. 
L866,352. 
2.810.501. 



2.21(5,067. 
1.808.725. 
3.015.071. 
2.709.013. 
3.597.070. 
2,834,079. 



Elec- 
tors. 



Unan 

71 
(59 
73 
73 
65 
148 

122 

47 

128 

89 

183 

31 

S-r 

99 

41 

37 
178 

83 
219 

49 

11 

7 

170 

121 

234 

60 
170 
105 
163 
12J 

254 

42 
174 
122 
180 
123 
213 

21 
214 

80 
300 



THE PRESIDENT'S CABINET. 






CANDIDATES. I Popular Vote. 



Elec- 
tors. 



1877 Rutherford B. Hayes Rep. . . .14,049,096 • 185 



Samuel J. Tilden Dem. . . 14,315,801. 

Peter Cooper 'G'b'k.. . \ 81,907 

1881 James A. Garfield Rep 

Winfield S. Hancock Dem. . . 

J. B. Weaver G'b'k.. . 

1885 Grover Cleveland jDem. . . 

James G. Blaine Rep 

Benjamin F. Butler G'b'k. . 

jJohn P. St. John Pro.. . . 

1889 Benjamin Harrison Rep 

Grover Cleveland Dem. . . 

Clinton B. Fisk Pro. . . . \ '249,506. 

Scattering I 151,344. 

1893 Grover Cleveland Dem . . . 5,556,562. 

Benjamin Harrison Rep. . . . ;5, 162,874. 

James B. Weaver Peop. . . 1,055,424. 

JohnBidwell Pro i 264,066. 



4,450.921. 
4,447,888. 

307.740. 
5,874,118. 
4,849,850. 

184,948. 

149.326, 
5,439,853. 
5.540,329. 



184 

214 
155* 

219 

182 



233 

168 



277 

145 

22 



* Including Georgia's votes, not counted. 

Note.— The one vote in 1821 was cast for John Quincy Adams by an 
elector from New Hampshire. 

PRESIDENT CLEVELAND'S CABINET. 

Secretary of State Walter Q. Gresham, 111. 



Secretary of Treasury John G. Carlisle, Ky. 



Secretary of War Daniel S. Lamont, N. Y. 



Secretary of Navy Hilary A. Herbert, Ala. 



Secretary of Interior Hoke Smith, Ga. 



Post Master General Wilson S. Bissell, N. Y, 



Attorney General Richard Olney, Mass, 



Secretary of Agriculture J. Sterling Morton, Neb. 



Note.— In case of new appointments to fill vacancies, insert them on 
the intermediate lines. 



GOVERNORS AND LIEUT. GOVERNORS. 

Giving the names of all the Governors and Lieuten- 
ant Governors in and for the State of New York since 
the adoption of the first Constitution in 1777, to the 
present time. 

NAMES OF GOVERNORS. NAMES OF LIEUT. GOVERNORS. IX. 

George Clinton Pierre Van Cortland 1777 

John Jay Stephen Van Rensselaer 1795 

George Clinton Jeremiah Van Rensselaer 1801 

Morgan Lewis John Broome 1804 

*Damel D. lompfcins { Jolm Taylor 1813 

♦John Taylor, L. Governor acting as Governor 1817 

De Witt Clinton John Taylor 1817 

Joseph C. Yates Erastus Root .1889 

*De Witt Clinton i James Tallmadge 1825 

ue w ltt Clinton ( Nathaniel Pitcher 1827 

♦Nathaniel Pitcher, L. Governor acting as Governor 1828 

*Martin Van Buren Enos T. Throop 1829 

*Enos T. Throop, L. Governor acting as Governor. 1829 

Enos T. Throop Edward P. Livingston 1831 

Wm. L. Marcy . .John Tracy 1833 

Wm. H. Seward Luther Bradish 1839 

Wm. C. Bouck Daniel L. Dickinson 1813 

Silas Wright Addison Gardiner 1845 

John Young Hamilton Fish 1847 

Hamilton Fish Geo. W. Patterson 1849 

Washington Hunt San ford E. Church 1851 

Horatio Seymour Sanf ord E. Church 1853 

Myron H. Clark Henry J. Raymond 1855 

John A. King Henry R. Seidell 1857 

Edwin D. Morgan Robert Campbell .1859 

Horatio Seymour David R. Floyd Jones . — 1863 

■RpnhPn F Fpnton * Thomas G. Alvord 18G5 

Reuben E. b enton j steward L . Woodford 1867 

John T. Hoffman Allen C. Beach 1869 

John A. Dix John C. Robinson 1873 

Samuel J. Tilden Wm. Dorsheimer 1875 



(vi.) 



JUDGES OF THE COURT OF APPEALS. Vll 

Lucius Robinson Wm. Dorsheimer 1875 

Alonzo B. Cornell George G. Hoskins 1880 

*Grover Cleveland. . . David B. Hill 1883 

*David B, Hill, Lieut. Governor acting as Governor 1885 

David B. Hill Edward F. Jones 1886 

David B. Hill Edward F. Jones 1889 

Roswell P. Flower Wm. F. Sheehan 1892 

Levi P. Morton Charles T. Saxton 1895 

Notes.— Daniel T. Tompkins resigned in 1817, to become Vice-President; 
John Taylor acting as Governor. 

DeWitt Clinton died in office February 11, 1828; Nathaniel Pitcher serving 
the unexpired term. 

Martin Van Buren resigned April 7, 1829, and accepted the office of Sec- 
retary of State under Andrew Jackson, Enos Throop serving the unexpired 
term. 

Grover Cleveland resigned January 1, 1885, having been elected to the 
Presidency of the United States, David B. Hill serving the unexpired term. 

Prior to 1823, the term was three years; from 1823 to 1877, the term was 
hvo years ; from 1877 to 1894, the term was three years ; it is now two years. 
Governor Clinton first entered upon his duties July 9; in 1787 an act was 
passed making the officer's term commence July 1. The constitution of 1821 
provided that the term commence January 1. 

JUDGES OF THE COURT OF APPEALS. 

The Court consists of a Chief Judge and six Associate Judges, who hold 
office fourteen years. 

xt»™-c- TERM 

NAMES 

EXPIRES. 

Charles Andrews, Chief Judge 1906 

Francis M. Finch, Associate 1895 

Rufus W, Peckham, " 1900 

John Clinton Gray, " 1902 

Dennis O'Brien, " 1903 

Edward T. Bartlett, " 1907 

Albert Haight, " 1908 

The court for the trial of impeachment of State officers is composed of 

the President of the Senate, the Senate, and the Judges of the Court of 

Appeals. N 



UNITED STATES SENATORS FROM NEW YORK. 



FIRST CLASS. ELECTED. 

Philip Schuyler 1789 

Aaron Burr *1791 

Philip Schuyler *1797 

John S. Hobart 1798 

Wm. North 1798 

James Watson 1798 

Gouverneur Morris 1800 

Theodoras Bailey *1803 

Samuel Mitchell 1804 

Obadiah German *1809 

Nathan Sanford . ...*1815 

Martin Van Buren ,*1821 

Martin Van Buren *1827 

Charles E. Dudley 1829 

Nathaniel P. Tallmadge *1833 

Nathaniel P. Tallmadge *1839 

Daniel S. Dickinson *1845 

Hamilton Fish .*1851 

Preston King *1857 

Edwin D. Morgan *1863 

Reuben E. Fenton *1869 

Francis Kernan *1875 

Thomas C. Piatt *1881 

Warner Miller 1881 

Frank Hiscock *1887 

Edward Murphy *1893 



THIRD CLASS. ELECTED. 

RufusKing 1789 

Ruf us King *1795 

John Lawrence 1796 

John Armstrong *1801 

De Witt Clinton 1802 

John Armstrong 1803 

John Smith 1804 

John Smith *1807 

RufusKing *1813 

Ruf us King *1819 

NathanSanford *1825 

Wm. L. Marcy ..*1831 

Silas Wright, Jr 1833 

Silas Wright. Jr *1837 

Silas Wright, Jr *1843 

Henry Foster — 1844 

John A. Dix 1845 

Wm. H. Seward *1849 

Wm. H. Seward *1855 

Ira Harris *1861 

Roscoe Conkling !..*1867 

Roscoe Conkling *1873 

Roscoe Conkling *1879 

Elbridge G. Lapham 1881 

Wm. M. Evarts *1885 

David B. Hill *1891 



See page 



(viii) 



UNITED STATES SUPREME COURT. IX 

CHIEF JUSTICES OF THE SUPREME COURT. 

1. John Jay, of New York 1789-1795. 

2. John Rutledge, of South Carolina 1795. 

3. Oliver Ellsworth, of Connecticut 1796-1800. 

4. John Marshall, of Virginia 1800-1835. 

5. Roger B. Taney, of Maryland 1836-1864. 

6. Salmon P. Chase, of Ohio 1864-1873. 

7. Morrison R. Waite, of Ohio 1874-1888. 

8. Melville W. Fuller, of Illinois 1888- 

UNITED STATES SUPREME COURT. (See pp. 84-86.) 

CHIEF JUSTICE. 

Melville W, Fuller. appointed 1888. 

ASSOCIATE JUSTICES. 

Stephen J. Field .appointed 1863. 

John M. Harlan " 1877. 

Horace Gray " 1881. 

David J. Brewer " 1889. 

Henry B. Brown " 1890. 

George Shiras, jr " 1892. 

Howell E. Jackson « 1893. 

Edward Douglas White " 1894. 

CIRCUIT COURTS OF APPEALS. (See pp. 84-86.) 
On March 3, 1891. Congress established a new Federal Court in order to 
relieve the Supreme Court, and to shorten delays in litigation. The Presi- 
dent is to appoint an additional Judge in each of the 9 districts, at a salary 
of $6,000 without mileage ; and a Circuit Court of Appeals is created in 
each circuit. In what will probably constitute a majority of cases the de- 
cision of the new court is to be final, except that the Circuit Court has the 
right to certify any questions of law to the Supreme Court for its instruc- 
tion, and where the Circuit Court does not make such a certificate the Su- 
preme Court has the right to issue a certiorari to require cases to be certi- 
fied to it for hearing. The decision of the Circuit Court is to be final in 
cases in which the jurisdiction is dependent upon the character of the suit- 
ors as citizens or aliens, in cases arising under the patent and revenue laws, 
in cases of inferior crimes which cannot be taken directly to the Supreme 
Court, and in admiralty cases other than prize. The appointment of the 9 
judges will be made by the President after the opening of the next Con- 
gress, judges of the District Court having been appointed to serve tempo- 
rarily. 



JUSTICES OF THE SUPREME COURT. 



XI 



THE SUPREME COURT OF NEW YORK. (See pp. 80, 81.) 

The New York Supreme Court consists of 46 Justices. The State is divided 
into eight judicial districts. The 1st district elects 7 Justices; the 2d, 5th, 
7th and 8th districts each elect 6 Justices; and the 3d, 4th, and 6th districts 
each elect five Justices. As fast as the terms of Justices expire, elections 
take place for a term of 14 years. For General Term purposes, the State is 
divided into 5 Judicial Departments. The Governor designates the Justices 
to hold the General Terms. In each department there is a Presiding Justice, 
who holds office during the term for which he was elected to the bench, and 
two xlssociates, who hold office for 5 years, unless the terms for which they 
were elected sooner expire. In 1896 all this will be changed. See pp. 181- 
185, New Constitution. 



DISTRICTS. 



1st. The city and county of New York. 



2d. Richmond, Suffolk, Orange, Kings, 
Westchester, Queens, Rockland, Put- 
nam, and Dutchess counties. 



3d. Columbia, Rensselaer, Sullivan. 
Ulster, Albany, Greene, and Scho- 
harie counties. 



4th. Warren, Saratoga, St. Lawrence. 
Washington, Essex, Clinton, Frank- 
lin, Montgomery, Hamilton, Fulton, 
and Schenectady counties. 

5th. Onondaga, Jefferson, Oneida, Os- 
wego, Herkimer, and Lewis counties. 



6th. Otsego, Delaware, Madison, Che- 
nango, Tompkins, Broome, Chemung, 
Schuyler, Tioga, and Cortland coun- 
ties. 

7th. Livingston,Ontario,Wayne,Yates, 
Steuben, Seneca, Cayuga, and Mon- 
roe counties. 



8th. Erie, Chautauqua, Cattaraugus, 
Orleans, Niagara,Genesee, Allegany, 
and Wyoming counties. 



NAMES. 



Geo. P. Andrews, New York City. 
Charles H. Van Brunt, " 
George C. Barrett, " 

Edward Patterson, " 
Morgan J. O'Brien, 
Abraham R. Lawrence, " 
Geo. L. Ingraham, " 

Edgar M. Cullen, Brooklyn 

Charles F. Brown. Newburgh. . . 

Willard Bartlett, Brooklyn 

Jackson O. Dykman, Wh'te Pl'ns 

Calvin E. Pratt, Brooklyn 

William J. Gaynor, ' k 

Stephen L. Mayham, Schoharie. 
| Alton B. Parker, Kingston.. .. 

! Samuel Edwards, Hudson.. 

|Edgar L. Fursman, Troy 

|D. Cady Her rick, Albany 

I Martin L. Stover, Amsterdam . . 
:John R. Putnam, Saratoga Spr. . 
iJudsonS. Landon, Schenectady . 
IFrothingham Fish, Fulton ville. . 

i Leslie W. Russell, Canton 

Irving G. Yann, Syracuse 

'Pardon C. Williams, Watertown 
I George A. Hardin, Little Falls. . 

| Milton H. Merwin, Utica 

| Maurice L. Wright, Oswego 

Peter B. McLennan, Syracuse... 

'Charles E. Parker. Owego 

Gerrit A. Forbes, Canastota 

David L. Follett, Norwich 

I Walter Loyd Smith, Elmira 

iCelora E. Martin, Binghamton. . 

I William Rumsey, Bath 

Wm. W. Werner, Rochester 

Wm. H. Adams, Canandaigua. . . 

John M. Davy, Rochester 

Charles C. Dwight, Auburn 

Lorin L. Lewis, Rochester 



TERM 

EX- 
PIRES 

1897 
1897 



Henry A. Childs, Medina 

John S. Lambert, Fredonia. 



Hamilton Ward, Belmont. 
Manley C. Green 



1900 
1901 
1901 
1905 
1908 
1896 
1897 
1903 
1905 
1907 
1896 
1900 
1901 
1903 
1905 
1897 
1900 
1901 
1904 
1905 
1895 
1897 
1899 
1902 
1905 
1906 
1901 
1901 
1902 
1902 
1905 
1908 
1895 
1901 
1902 
1905 
1906 
1895 
1897 
1903 
1904 
1905 
1905 



NUMBER OF TOWNS AND CITIES, BY COUNTIES, 



[The Counties are numbered according to the Map inside cover.] 



TOWNS. CITIES. 



TOWNS. CITIES 



34. Albany 

20. Allegany . . 
16. Broome . . . 

21. Cattaraugus 

22. Chautauqua 
45. Cayuga. . . . 
18. Chemung . . . 
31. Chenango. . . 

58. Clinton .... 

13. Columbia. . . 
30. Cortland.... 
15. Delaware . . . 
10. Dutchess. . . 

23. Erie 

57. Essex. . . . . . 

59. Franklin. . . 

39. Eulton 

47. Genesee . . . . 

14. Greene 

55. Hamilton. . . 

41. Herkimer. . . 

53. Jefferson. . . . 
3. Kings 

54. Lewis 

25. Livingston. . 

43. Madison 

50. Monroe 

40. Montgomery. 
5. New York . . 

48. Niagara 



9, 
29, 
15, 
32, 
25, 
. .23, 
11, 
21, 
14, 
18, 
15, 
19. 
20. 
25, 
18, 
17, 
10, 
13 
14 

8, 
19 
,22 
, 4 
.18 
,17 
.14 
.19 
.10 



12 



2. 42. 
44. 

1. 46. 

8. 

2. 49. 
1. 52. 
1. 32. 

9. 

2. 

1. 36. 

4. 

7. 

1. 60. 

1. 38. 

35. 

33. 

1. 28. 

27. 

19. 

1. 

12. 

1. 17. 

1. 29. 

11. 

56. 

37. 

1. 51. 

1. 6. 

1. 24. 

.2 26, 



(xiii) 



Oneida 26.. 

Onondaga. . . .19. . 

Ontario 16. . 

Orange 18. . 

Orleans 10 . . 

Oswego 21 . . 

Otsego .24. . 

Putnam 6 . . 

Queens 6 . . 

Eensselaer. . .16 . 
Richmond .... 5 . . 

Rockland 5 . . 

St. Lawrence. 31. . 

Saratoga 20 . . 

Schenectady . . 5 . . 
Schoharie ... .16. . 

Schuyler 8 . . 

Seneca. 10. . 

Steuben 32. . 

Suffolk 10.. 

Sullivan ..... 15 . . 

Tioga 9.. 

Tompkins .... 9 . . 

Ulster 20 

Warren 11 

Washington. .17 . . 

Wayne 15. , 

Westchester . . 21 . . 
Wyoming. . . .16. . 
Yates 9 . . 



937 34 



THE CITIES OF NEW YORK. See pages W7-210, New Const. 





Bate of 


Pop'n ir 


, Pop'n in 


Pop^n in 


Pop'n in 


State Cen. 


Incorpor'n 


. 1860. 


1870. 


1880. 


1890. 


1892. 


First Class. 














1. New York, 


...1680 . 


.805,658 


..942,292. 


.1,206,299. 


.1,515,301. 


..1,801,739 


2. Brooklyn, 


...1834.. 


.266,661 


..396,099. 


. 566,663. 


. 806,343. 


. 930,633 


3. Buffalo, 


...1832.. 


. 81,129 


..117,714.. 


. 155,134. 


. 255,664. 


. . 278,796 


Second Class. 














4. Bochester, 


..1834.. 


. 48,204. 


.. 6.2,386.. 


. 89.366. 


. 133,896. 


. 144,834 


5. Albany, 


...1686.. 


. 62,367. 


.. 69,422.. 


. 90,758. 


. 94,923. 


. 97,120 


6. Syracuse, 


.. 1847.. 


. 28.119 


.. 43,051. 


. 51.792. 


. 88.143. 


.. 91.944 


7. Troy, 


...1816.. 


. 39,235. 


.. 46,465. 


56,747. 


. 60.956. 


. . 64,986 


Third Class. 














8. Utica, 


..1832.. 


. 22.529 


.. 28,804. 


. 33,914. 


. 44,007. 


. . 46.608 


9. L. I. City, 
10. Binghainton. 


...1870.. 
. . 1867. 






. 17.129. 
. 17,317. 


. 30.506. 
. 35.005. 


35,745 


. 8.325 


.. 12,692. 


. . 34.514 


11. Youkers, 


...1872.. 


. 11,848 


.. 18.357. 


. 18,892. 


. 32.833. 


. . 31,419 


12. Elmira, 


...1864. 


. 8,682 


.. 15,863. 


. 20.541. 


. 30,893. 


. . 29.911 


13. Auburn, 


...1848. 


. 10,986 


.. 17.225. 


. 21.924. 


. 25,858. 


. . 24,737 


14. Newburgh, 

15. Cohoes, 


...1865. 




.. 17,014. 


. 18,049. 
. 19,416. 


. . 23,087. 


. . 24,536 


...1869. 


. 8,80( 


).. 15.357. 


. 22,509. 


. . 23,234 


16. Poughkeepsie 


...1854.. 


. 14,726 


.. 20,080. 


. 20,207. 


. 22,206. 


. . 23,196 


17. Schenectady, 


....1798. 




.. 11,026. 


. 13,655. 


. 19,902. 


. . 22,858 


18. Oswego, 


....1848. 


. 16,816. 


.. 20,910.. 


. 21,116. 


. 21,842. 


. 21,966 


19. Kingston, 


...1872. 






. 18.344.. 


. 21,261. 


. 21,495 


20. Jamestown, 


...1886. 




.. 5,336.. 


9,357. 


. 16,038. 


.. 18,617 


21. Amsterdam, 


...1885. 




.. 5,426. 


9,466. 


. 17,336. 


. . 18,^42 


22. Water town, 


. .. 1869. 


. 7,567 


.- 9,336. 


. 10.697. 


. 14,725. 


. . 16,982 


23. Lockport. 


...1865. 




.. 12,426. 


. 13,522. 


. 16,038. 


. . 16,088 


24. Gloversville. 


....1890. 




.. 4,518.. 


7,133. 


. 13,864. 


. 14,694 


25. Mt. Vernon, 


...1892.. 










. . 14.000 


26. Ithaca, 


...1888. 




. . 8,462'. . 


9,105. . 


. 11,079 


. 13,450 


27. Rome. 


.. 1870. 


. 9,289. 


.. 11.000.. 


. 12,194.. 


. 14,991. 


13,038 


28. Ogdensburgh, 


.. 1888. 


. 7,409. 


.. 10,076.. 


. 10,341.. 


. 11,662.. 


. 11,955 


29. Hornellsville, 


...1888. 




.. 4,552.. 


8.195.. 


. 10,996.. 


. 11,898 


30. Niagara Falls 


...1892.. 










. 11,711 


31. Middletown, 


....1888. 




.. 6,049.. 


8,494.. 


! 11,977. 


. 11,612 


32. Dunkirk, 


. ..1880. 






7,248.. 


9,416.. 


. 1C,040 


33. Corning, 


...1890. 




.. 4,018.. 


4.802.. 


8,550. 


. 10,025 


34. Hudson. 


...1785. 




.. 8,615.. 


8,670. . 


9,970.. 


9,642 



(XV) 



REGENTS OF THE UNIVERSITY. 

The Governor, ex-officio. The Secretary of State, ex-officio. 

The Lieutenant-Governor, ex-officio. The Sup't of Pub. Instruction, ex-offico. 

1873. Martin I. Townsend Troy 1885. Hamilton Harris Albany 

1874. Anson J. Upson Glens Falls 1885. Daniel Beach Watkin s 

187G. Wm. L. Bostwiek Ithaca 188C. Willard A. Cobb Lockport 

1877. Orris H. Warren Syracuse 1888. Carroll E. Smith Syracuse 

1877. Chauncey M. Depew,.New York 1890. Pliny T. Sexton Palmyra 

1877, Charles E. Fitch Pvochester 1890. T. Guilfold Smith Buffalo 

1878. Whitelaw Reid New York 1892. Wm. Cresswell Doane.. Albany 

1881. Wm. H. Watson, .Utica 1893. Lewis A. Stimson New York 

1881. Henry E. Turner Lowville 1894. Sylvester Malone Brooklyn 

1883. St. Clair McKelway . . .Brooklyn 

OFFICERS OF THE BOARD OF REGENTS. 

Salaries. 

Chancellor, Anson J. Upson, Glens Falls 

Vice- Chancellor, Wm. Cresswell Doane, Albany 

Secretary and State Librarian. Melvil Dewey, Albany $5,000 

OFFICERS OF THE DEPARTMENT OF PUBLIC 

INSTRUCTION. 

Superintendent, James F. Crooker. Albany $5,000 

Deputy, Jared Sandford, Albany 4.000 

SupH of Teachers' Classes. Charles II. Skiimer, Albany 3,500 

Examination Clerk, Thomas E. Finegan 2,500 

Board of Institute Instructors, each 3,000 

Henry R. Sanford, Penn Yan. Welland Hendrick. Cortland. 
Isaac H. Stout, Geneva, A. C. McLachlan, Seneca Falls. 

A. S. Downing, Palmyra. 
Gratia L. Rice, Florence B. Himes, Drawing. 

Mrs. B. Ellen Burke, Anna L. Eggleston. Primary. 

Inspectors of Teachers' Classes, E. Curtiss, Sodus $2,500 

John L. Sweeney, Cassville 2,501 » 

PRINCIPALS OF THE STATE NORMAL SCHOOLS. 

Normal College, Albany W. J. Milne. Ph.D.. LL.D. 

Brockport Chas. D. McLean. LL.B. 

Buffalo James M. Cassety, Ph.D. 

( ortland Francis J. Cheney, Ph.D. 

Fredonia F. B. Palmer. Ph.D. 

Geneseo John M. Milne. A. M. 

Jamaica (to be opened Sept., 1895) A. C. McLachlan. A.M. 

New Paltz., Frank S. Capen, Ph.D. 

Oneonta James M. Milne, Ph. 1). 

Oswego, E. A. Sheldon, Ph.D. 

Pittsburgh E.N. Jones, Ph.D. 

Potsdam Thos. B. Stowell, Ph.D. 

(xvi) 



NEW YORK STATE OFFICIALS. JAN. 1, 1894. 

ELECTED BY THE PEOPLE. 

Term expires. 

Governor, Roswell P. Flower. _ Dec. 31, 1894 

Lieut.-Gov., Wm. F. Sheehan " " " 

Sec'yof State, John Palmer Dec. 31, 1895 

Comptroller, James A. Roberts _ " " tf 

Treasurer, Addison B. Colvin __. " " " 

Attorney-General, Theodore E. Hancock _ . . _ " " 

State Engineer, Campbell W. Adams... " " " 



APPOINTED BY GOVERNOR AND SENATE. 

Term expires. 

Sup't of Insurance, James T. Pierce Jan. 24, 1897 

4 ' " Banking, Charles M. Preston Mar. 20, 1896 

" " Prisons, Austin Lathrop Apr. 17, 1898 

" " Canals, Edward Hannan Dec, 31, 1894 



SENATE. — Elected by the people. 

Term expires Dec. 31, 1895. 

President, Lieut.-Gov. Wm. F. Sheehan. 
List. Dist. 

1. John Lewis Childs 9. Timothv D. Sullivan 



2. Michael J. Coffey 10. Frank A. O'Donnell .. 

3. William H. Reynolds 11. Joseph C. Wolff 

4. George A. Owens 12. Thomas C. O'Sullivan. 

5. Daniel J. Bradley 13. Charles L. Guy 

6. Henry Wolf ert 14. Jacob A. Cantor. _ . 

7. Martin T. McMahon ..15. George W.Robertson. 

8. John F. Ahearn 16. Clarence Lexow 

(xvii) 



XV111 NEW YORK STATE SENATORS. 

Dist. Dist. 

17. Jacob Rice„._ 25. Edmund O'Connor. 



18. Michael F. Collins 26. Charles T. Saxton 

19. Amasa J. Parker _27. Baxter T. Smelzer 

20. Harvey J. Donaldson 28. Cornelius R. Parsons 

21. Frederick D. Kilbarn 29. Cuthbert W. Pound 

22. Joseph Mullen 30. Charles Lamy 

23. Henry J. Coggeshall 31. Herfry H. Persons ... 

24. Charles W. Stapleton 32. Frank W. Higgins 

(For Senatorial districts see page 52. For Senatorial districts 
under the proposed revision of the Constitution, see opposite 
page). 



COUNTY DIRECTORY. 

Name Term expires. 

Sheriff... 

Judge _ 

Surrogate _ 

Assembly. _ _ . _ 

r .-. 

I.. 

Assembly ■{ 

I 

I 
Treasurer _ _ 

District Attorney. . 

r 

Coroners -{ 

I 
I 

Superintendents 
of the Poor 

Justices of } 

Sessions 1 

School J ' 
Commissioners j ' "" "" 

L 

Loan C 

Commissioners ( - 

Chairman Board of Supervisors ..._ 

Clerk Board of Supervisors 

Member House of Representatives _ No. dist. 

State Senator... _ No. dist. 

Note— Write the names of the several officials opposite the titles for ref- 
erence, changing them as other officials are elected or appointed. 

(xx) 



Supervisor. 
Clerk 



Justices -{ 
I 
I 



Assessors 



TOWN DIRECTORY. 

Name. 



Term expires. 



Highway 



Commissioners 



, i 



Overseers 

of 
the Poor 

Collector, 



Constables -{ 



Game Constable 



Excise 
Commissioners 



Inspectors 

of 
Election 



Sealer of Weights and Measures __ 

Note.— Write the names of town officials in same manner as county. 

(xxi) 



CIVIL GOVERNMENT 



OF THE 



STATE OF NEW YORK 



CIYIL GOYERNMENT. 



DEFINITIONS AND HISTORY OF OUR 
GOVERNMENT. 

What is Government? 

Government is the power which makes, construes, 
and executes the laws. 

Wliat is Civil Government ? 

Civil Government is that whose powers are vested in 
officers chosen by the people or appointed by authority. 

What is the Science of civil government? 

The science of civil government investigates the prin- 
ciples of a constitutional government, and illustrates its 
methods of operation. 

What were the thirteen United States prior to the year 1776 ? 
They were colonies subject to Great Britain. 

FIRST CONTINENTAL CONGRESS. 

Wlien did the Congress known as the First Continental Congress 
meet? 

The First Continental Congrees assembled in " Car- 
penter's Hall/' Philadelphia, and commenced work 
Sept. 5, 1774 ; it consisted of fifty-three delegates, and 
adjourned Oct. 26, after having provided for another 



2 DEFINITIONS AND HISTORY. 

Congress to meet the following May. Georgia was not 
represented in this Congress. 

Note.— It was in the First Congress that Patrick Henry used these memor- 
able words : 

"British oppression has effaced the boundaries of the several Colonies : 
the distinctions between Virginians, Pennsylvanians, New Yorkers, and New 
Englanders are no more. I am not a Virginian but an American." 

SECOND CONTINENTAL CONGKESS. 

When did the Second Continental Congress meet ? 

The Second Continental Congress consisted of fifty- 
six delegates, and it met at "Independence Hall/* 
Philadelphia, May 10, 1775, and existed as a Congress 
until March 4, 1789. The members of this Congress 
adopted and signed the Declaration of Independence, 
in which for the first time the colonies received the 
name of the United States of America. 

DECLARATION OF INDEPENDENCE. 

Wliat did Virginia ask Congress to do f 

Virginia, May 15, 1776, instructed her delegates in 
Congress to propose a Declaration of the Independence 
of the colonies. 

What did Congress then dot 

Congress solemnly approached that great subject and 
resolved to appoint, and did, on the 11th of June, 
1776, appoint the following persons — Thomas Jeffer- 
son, John Adams, Benj. Franklin, Eoger Sherman, 
and Robert E. Livingston, to draft a Declaration of 
Independence. 

Who wrote the Declaration ? 

Thomas Jefferson wrote it at the request of his associ- 
ates. Two or three alterations, verbal only, were sug- 
gested by Franklin and Adams, 



DECLARATION OF INDEPENDENCE. 3 

What did they say in the Preamble to the Declaration ? 

" A decent respect to the opinions of mankind requires 
that they should declare the causes which impel them 
to this separation." See page 191. 

What was the resolution introduced into Congress by Richard 
Henry Lee, and how was it disposed of? 

On the 7th day of June, 1776, Mr. Lee introduced 
into Congress the following resolution, which was sec- 
onded by John Adams. A stormy debate followed from 
the 7th to the 10th: it was then postponed to July 1st. 
After discussion, Congress agreed to meet in "Commit- 
tee of the Whole" the following day (July 2,) at which 
time the Committee of the Whole reported and the res- 
olution was adopted in the following words: 

Resolved, That these United Colonies are, and, 
of right ought to be, free and independent 
States: that they are absolved from all allegi- 
ance to the British crown, and that all politi- 
cal connection between them and the State of 
Great Britain, is, and ought to be, totally dis- 
solved. 

When was the Declaration of Independence adopted and signed f 

The resolution of Mr. Lee was adopted July 2d by a 
vote of twelve colonies. (The delegates from New York, 
pending the decision of the question by the people of 
that colony, did not vote.) 

July 4, 1776, the entire Declaration was adopted by 
the same vote. On the same day it was authenticated 
by the President and Secretary of Congress and pub- 
lished, but not then signed by the memberSo 

Having been engrossed on parchment, it was signed 
August 2, 1776, by fifty-four delegates, and subsequently 



4 DEFINITIONS AND HISTORY. 

by two others, making fifty-six in all, representing the 
thirteen colonies, the New York convention having ap- 
proved the act July 9, 1776. 

Notes.— The story has come down to us, more than a hundred years old, 
that during these anxious hours while members were hesitating and debating 
on the 4th of July, the old bell-man had his hacd on the bell-rope, and his 
little grandson standing where he could catch the first words of assurance 
that the Declaration was adopted, at the proper time shouted, "Ring, Grand- 
fa, Ring, Oh Ring for Liberty." 

This prophetic bell (now called Independence Bell) was cast in England 
in 1752. It was rung long and loud to proclaim the Declaration, but was sub- 
sequently fractured, and now hangs in honored repose, as a sacred relic of 
the past. It was taken to New Orleans in 1885, and was on exhibition at the 
" Exposition" held there. 

The following inscription was cast in the metal. " Proclaim Liberty 

THROUGHOUT ALL THE LAND, AND TO THE INHABITANTS THEREOF." 

The following story in regard to Charles Carroll is worth remembering. 

His name was among the first written, and as he affixed his signature a 
member observed, " There go a few millions: " but adding, " however, there 
are many Charles Carrollsjind the British will not know which one it is." Mr. 
Carroll immediately added to his name "of Carrollton^ and was afterward 
known as Charles Carroll of Carrollton. 

Mr. Carroll, the last of the signers of the Declaration, died Nov. 13, 1832. 

CONFEDERATION. 

With what body of 'men did the Articles of Confederation originate? 

They originated with the second Continental Congress. 

Wlien were tlxey adopted? 

The various resolutions and amendments that had 
been proposed were consolidated into thirteen articles, 
and adopted by Congress, Nov. 15, 1777, as the Articles 
of Confederation. 

How many departments of government existed under tlie Confed- 
eration ? 

One, vested in a Congress in which no State should be 
represented by less than two or more than seven mem- 
bers: and each State had only a single vote. 
There was no Judiciary. 
There was no Executive, 



THE CONFEDERATION. 

What has been said of the Confederation ? 

" The United States in Congress" said a native critic 
of the Articles of Confederation, "have exclusive power 
for the following purposes without being able to execute 
one of them." 

1. " They make and conclude treaties, but can only 
recommend the observance of them." 

2. " They may appoint ambassadors, but cannot de- 
fray even the expenses of their tables." 

3. ' ' They may borrow money in their own name on 
the faith of the Union, but cannot pay a dollar." 

4. "■ They may coin money, but cannot buy an ounce 
of bullion." 

5. " They may make war, and determine what num- 
ber of troops are necessary, but cannot raise a single 
soldier." 

6. "In short they may declare everything but do 
nothing." 

Note.— Maryland was the last to ratify the Articles of Confederation in 
1781, at which time they became binding upon all the States. 

SESSIONS. 

Where were the sessions of the Continental Congress held ? 

The First Continental Congress was held at 
Philadelphia, (Carpenter's Hall) Sept. 5, 1774. 

The Second Continental Congress was held at 

Philadelphia, (Independence Hall) May 10, 1775. 

Baltimore Dec. 20, 1776. 

Philadelphia, March 4, 1777. 

Lancaster, Pa Sept. 27, 1777. 

York, Pa Sept. 30, 1777. 

Philadelphia July 2, 1778. 



6 DEFINITIONS AND HISTORY. 

Princeton, N. J June 30, 1783. 

Annapolis, Md Nov. 26, 1783. 

Trenton, N. J Nov. 1, 1784. 

New York Jan. 11, 1785. 

Note.— This Congress adjourned to meet at these different places for 
certain reasons, some members retiring from the office, others being elected 
to take their places, but it retained the name, "Second Continental Congress" 
until the Constitutional organization. 

PRESIDENTS. 

WJio were tlie Presidents of the Continental Congresses and when 
elected? 

FIRST CONGRESS. 

Peyton Randolph, Va Sept. 5, 1774. 

The First Congress ended Oct. 26, 1774. ' 

SECOND CONGRESS. 

Peyton Randolph, Va May 10, 1775. 

John Hancock, Mass May 24, 1775. 

Henry Laurens, S. 'Nov. 1, 1777. 

John Jay, N. Y Dec. 10, 1778. 

Samuel Huntingdon, Conn Sept. 28, 1779. 

CONFEDERATION. 

On the 2d day of March, 1781, Congress assembled 
under the Confederation, the Articles having been rati- 
fied by the States. 

Thomas McKean, Del July 10, 1781. 

John Hanson, Md Nov. 5, 1781. 

Elias Boudinot, N. Y Nov. 4, 1782. 

Thomas Mifflin, Pa Nov. 3, 1783. 

Richard Henry Lee, Va x . . . .Nov. 30, 1784. 

Nathaniel Gorham, Mass June 6, 1786. 

Arthur St. Clair, Pa Feb. 2, 1787, 

Cyrus Griffin, Va Jan. 22, 1788. 



CONSTITUTION. 7 

The Second Continental Congress ended March 4., 

1789. 

Note.— During the periods of the Revolution and Confederation, there 
were thirteen different Presidents, but all of their executive power was vested 
In Congress, which could only recommend, but not demand, any action for 
the public good. They were simply presiding officers. 

Name some prominent men in each of tliese Congresses. 

In the First Congress were George Washington, Pat- 
rick Henry, Eichard Henry Lee, Edward Eutledge, 
John Eutledge, Samuel Adams, John Adams, Eoger 
Sherman, Philip Livingston, John Jay, and others. 

In the Second Congress were George Washington, 
Patrick Henry, Eichard Henry Lee, Samuel Adams, 
John Adams, John Jay, Benj. Franklin, John Han- 
cock, George Clinton, Eobert E. Livingston, Thomas 
Jefferson, Charles Carroll of Carrollton, and others. 

Note.— Study the biographies of these men. 

CONSTITUTION. 

How did the present Constitution of the United States originate^ 
and how was it formed? 

Feb. 21, 1787, the Second Continental Congress re- 
solved that a convention, consisting of delegates from 
the several States, should meet at Philadelphia, on the 
second Monday in May, 1787, for the purpose of revis- 
ing the Articles of Confederation, and report the same 
to Congress for ratification. 

What did these delegates do ? 

These delegates (55 in number, Ehode Island not 
represented) met May 14, 1787, at Independence Hall, 
Philadelphia, and elected George Washington president 
of the convention. Being fully satisfied that something 
more than amendments to the Articles of Confederation 



8 DEFINITIONS AND HISTORY. 

were needed, they proceeded to frame an entirely new 
constitution, consisting of seven articles, and on the 
17th of September, 1787, they reported the same to 
Congress. 

The Constitution was to go into operation when rati- 
fied by nine States. See page 129. 

What did Congress then do ? 

Congress submitted the report, embracing the Con- 
stitution and Eesolutions, to the legislatures of the sev- 
eral States, with the request that they be submitted to 
conventions of delegates chosen in each State by the 
people thereof. 

How many States ratified tlie Constitution before it went into 
ojwation ? 

Eleven States ratified it. North Carolina ratified 
Nov. 21, 1789, and Ehode Island, May 29, 1790. 

ELECTORS OE PRESIDENT AND VICE-PRESIDENT. 

What did Congress then do ? 

The Second Continental Congress adopted Sept. 13, 
1778, the following resolution: 

Resolved, That the first "Wednesday in January next, 
1789, be the day for appointing electors in the several 
States, which, before the said day, shall have ratified 
the said Constitution: that the first Wednesday in Feb- 
ruary next, be the day for the electors to assemble in 
their respective States, and vote for a President: that 
the first Wednesday in March next, 1789, be the time, 
and New York (the present seat of Congress) the place 
for commencing proceedings under the Constitution. 

Note.— Prior to 1821, the electors were chosen by the legislatures of the 
several states. 



WHO MADE THE CONSTITUTION ? 9 

FOURTH OF MARCH. 

What date was afterward fixed for tlie beginning of the Presiden- 
tial term ? 

Congress passed a bill, which was approved March 1, 
1792, as follows: 

And be it further enacted, That the term of four 
years, for which a President and Vice-President shall 
be elected, shall, in all cases, commence on the fourth 
day of March next succeeding the day on which the 
votes of the electors shall have been given. 

Note.— The first Wednesday in March, 1789, was the fourth day of 
March, and. the day of the month, instead of the day of the week, was after- 
ward recognized as the commencement of a Presidential term. 

WHO MADE THE CONSTITUTION? 

Who, then, framed and ratified the National Constitution ? 

The people, by their delegates in convention, framed 
it: the people, by their delegates in convention, rati- 
fied it: and the Continental Congkess declared it 
ratified. 

By Whom, and When, were the fifteen amendments prepared and 
ratified f 

The first ten amendments were prepared by the first 
Congress under the Constitution, and ratified by the 
legislatures of ten States in 1791; the other amend- 
ments have been prepared in the same manner, the last 
one being ratified in 1870. 

What Officer announces to the people the ratification of an amend- 
ment to the Constitution ? 

The action of State legislatures is transmitted to the 
Secretary of State; and when a sufficient number (three- 
fourths) of the legislatures of the several States have so 



10 " DEFINITIONS AND HISTORY. 

ratified, then the Secretary of State declares the amend- 
ment ratified. 

For dates of ratification, see pp. 146-151. 

STATE CONSTITUTION. 

How was the State Constitution prepared and ratified ? 

The people of the State, by their delegates in con- 
vention, framed the constitution : the people voted 
directly for or against its ratification. 

AMENDMENTS. 

How may Amendments be made to the State Constitution ? 

Amendments to the State Constitution may be pro- 
posed in Senate and Assembly: and if the same shall 
be agreed to by a majority of the members elected to 
both houses, and by a majority of the members of both 
houses of the legislature that shall be chosen at the next 
general election of Senators; and if ratified subsequently 
by a majority of the electors qualified to vote, then the 
said amendment becomes a part of the Constitution. 

CONSTITUTION OF ENGLAND. 

What is the Constitution jf England? 

The English Constitution is not a formal written 
instrument, adopted by, and ratified by conventions, 
but is the accumulated growth of all English history. 
It is comprehended in no single enactment, nor in the 
enactments of any single reign. It is composed of all 
the great charters and statutes that have been enacted 
from time to time since the reign of John (1199 to 1216), 
with such customs and precedents as have the sanction 
of long usage. 

The United States Constitution is but a collection 



SUMMAKY. 11 

and epitome, of the various charters of freedom that lie 
scattered all along the pathway of English history, 
arranged by a convention and sanctioned by the people. 

SUMMARY. 

What is the United States Constitution? 

I. The Constitution is the Supreme Law of the land. 

II. It is the great charter of our Liberties. 

III. It is the Magna Charta of the United States. 

IV. The people elected delegates to a National con- 
vention: the delegates in convention framed the constitu- 
tion: it was then ratified by State conventions, composed 
of delegates chosen by the people, — hence the constitu- 
tion originated with the people. 

Why was the Constitution made ? 

I. In order to form a more perfect Union; 

II. Establish justice; 

III. Insure domestic tranquillity; 

IV. Provide for the common defence; 

V. Promote the general welfare; 

VI. And secure the blessings of Liberty to ourselves 
and our posterity. 

When was it made t See page 8. 
Where was it made ? See page 7. 

STATE CONSTITUTION. 
What is the State Constitution t 

I. It is the great fundamental law of the State. 

II. It comes directly from the people, through their 
ratification, commencing with the following words: 

We, the people of the State of New York, grateful to 



12 DEFINITIONS AND HISTORY. 

Almighty God for our Freedom, in order to receive its 
blessings, do establish this constitution. 

DIVISIONS AND POWERS OF GOVERNMENT. 

How many Divisions of Constitutional government in the United 
States? 

There are two divisions, — National and State. 
How many Powers lias each division ? 

Each division has three powers, namely: Legislative, 
Executive and Judicial. See chart, pages 14, 15. 

STATUTE LAW. 
What is a Statute Law of Congress f 

A Statute Law of Congress is a written or printed in- 
strument (called a bill) ordaining or forbidding some- 
thing to be done, that has been adopted by a majority 
of both houses of Congress, and approved by the Presi- 
dent. 

The President's refusal to approve, is called a Veto; 
but a subsequent two-thirds vote of both houses will 
make it a Statute Law without the President's consent. 

What is a Statute Law of the Legislature of New York ? 

It is a bill that has been adopted by a majority of 
both houses of the Legislature, and approved by the 
Governor, or passed over his veto. 

Note.— Explain how a vetoed bill becomes a Statute Law. See page 57. 

What divisions of government liave been wganized by Statute 
Law? 

Congress organizes Territories and provides for their 
government (see page 72); admits new States (see 
page 71); organizes and controls the District of Co- 



QUESTIONS FOR THE CHART. 13 

lumbia (see page 73); defines the judicial circuits and 
districts in the United States (see page xi). 

The Legislature organizes counties; defines judicial, 
congressional, senatorial, and assembly districts in the 
State; incorporates cities and villages; authorizes the 
board of supervisors to form new towns, and the school 
commissioners to organize new school districts and to 
annul those already formed. 

Name some divisions in which the Three Powers of government 
*eem to exist as in the State and Nation. 

The three powers seem to exist in School Districts, 
Towns, Counties, Cities, and Territories, as will be seen 
from the following 

CHART. 

Note.— Read from left to right in each division. The vertical column 
leading downward at the left names the Legislative powers in the different 
divisions. The second column names the Executive, the name placed first 
being the Chief Executive. The third column names the Judiciary. Figures 
indicate the number of officials in the office named. 

QUESTIONS FOR THE CHART. 

SCHOOL DISTRICT. 
What are the powers of a School District? 
The Legislative, Executive, and Judicial powers exist 
in a school district. 

Note.— Observe that the Legislative is placed in the first vertical column, 
the Executive in the second vertical column, the Judicial in the third vertical 
column through all the different divisions. 

How does it appear that the legal voters in a school district 
Legislate ? 

They adopt resolutions appropriating money for the 
purchase of school house sites: for building a school 
house: for repairs: for apparatus and other school pur- 
poses: hence the voters of a school district are legislators. 



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School Commissioners, and 
Superintendent of Public In- 
struction. 


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d f Superior Court of New York. 
•| J Common Pleas of New York. 
02 1 Superior Court of Buffalo. 
ao* L City Court of Brooklyn. 

City Courts. 

Justices of the Peace. 

Juries. 


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Trustee (or Trustees, or 

Board of Education). 
Clerk. 
Collector. 
Librarian. 
Treasurer. 


Constables. 

Supervisor. 

Assessors. 

Clerk. 

Collector. 

Highway Commissioners. 

Overseers of the Poor. 

Excise Commissioners. 


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Sheriff. 

Treasurer. 

Clerk. 

Coroners. 

School Commissioners. 

Sup't's of the Poor. 


W 

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Legal Voters 

at 

School Meetings. 


Legal Voters 

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Town Meeting. 


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Board 

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Court of Appeals (7). 
Supreme Court (46). 
Board of Claims (3). 
Attorney General. 
Court of Impeachment. 
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Supreme Court (9). 
Circuit Courts (9). 
District Courts (69). 
Court of Claims (5). 
Attorney General. 
Court of Impeachment, 

(Senate 76). 
Juries. 


Supreme Court (3). 
District Courts. 
Probate Courts, 

(in each County). 
Justices of the Peace. 
Juries. 


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Court of Chancery. 
Queen's Bench. 
Common Pleas. 
Exchequer. 

High Court of Justiciary. 
Circuit Courts in the Rural 
Districts. 


Governor 

and 

State Officers. 


President 

and 
Cabinet (7). 


Governor. 

Secretary. 

Auditor. 

Treasurer. 

Sup't of Common Schools. 


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King (or Queen), who rules 
through the Cabinet or Min- 
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Prime Minister or Premier, 

Lord Chancellor, 

Lord Privy Seal. 

President of the Council, 

Home Secretary, 

CTiancellor of the Exchequer, 
and others. 


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Congress. ■< House of Repre- 
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Legislature. < House of Repre- 
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No Legislature. 
Elective Franchise 
abolished in 1874. 


f House of Lords. 
Spiritual (30). 
Parliament, -j Temporal (?). 
I House of Com- 
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16 DEFINITIONS AND HISTORY. 

Who is the Chief Executive in a school district ? 
The Trustee or Trustees, or Board of Education. See 
Chart. 

Note.— The first officer in the Executive column is the Chief Executive: 
the others are executive in their own departments. 

Who are the Judicial Officers in a school district ? 

The School Commissioner, and the Superintendent of 
Public Instruction. Appeals from school district meet- 
ings, and the action of school district officers may be 
brought before them. See page 44. 

When are the Annual school meetings held in this State ? See 
page 30. 

Note.— For the complete study of the school district see pages 27-33. 

TOWN. 

What are the powers of a Town t 

See Chart. 

Who are tlie Legislators in a town, and Why ? 

The Legal Voters assembled in a legal town meeting: 
for they have power by a majority vote to appropriate 
moneys for the support of the poor; for building bridges 
in the town; for improvement of the roads, and for vari- 
ous other purposes. 

Who is the Chief Executive of a town ? 

See Chart. 

W7u> are tlie Judicial Officers of a town f 

See Chart and page 34. 

When are the annual Town Meetings Jield in this State? 

See page 39. 

Note.-— For the further study of the Town see pages 34-39. 



QUESTIONS FOR THE CHART. 15 

COUNTY. 

What are the powers of a County ? 

See Chart. 

Who are the Legislators in a county, and Why ? 

The Board of Supervisors: they can appropriate 
money for various purposes: the Legislature has con- 
ferred upon this board the power to enact certain laws, 
— among them to form new towns. 

How many members in the Board of Supervisors in your county J 
See pages 34 and 39. 

How many Supervisors in any county except New York and 
Kings ? 

See pages 34 and 39. 

How many Supervisors in New York county ? 

There are 41. See pages 34 and 39. 

How many Supervisors has Kings county ? 

See pages 34 and 39. 

Who is the Chief Executive of a county ? 

See Chart and page 42. 

Wlw are the Judicial Officers of a county ? 

See Chart and pages 42, 43, 44, and 45. 

Note.— For the further study of the County see pages 40-48. 

CITY. 
What are tlie powers of a City f 
See Chart and pages 49, and 50. 

STATE. 
What are the pmoers of a State ? 
See Chart. 

Note.— For the Legislature, see pages 51-60; for the Executive, see^dgei 
61-68; for the Judiciary, see pages 75 ff. 



18 DEFINITIONS AND HISTORY. 

When was the first State Constitution framed f 

It was framed at Kingston, New York, in April, 
1777, by delegates, representing the several counties of 
the State (only twelve counties then), in a convention 
called for that purpose. 

Note.— The constitution was revised in 1801, 1821, 184G, 1866, and some 
sections proposed by the Legislature have been added at other times. 

George Clinton, of Orange Co., distinguished for 
his patriotism, public and private worth, was elected 
Governor, and held the office for six consecutive terms 
(18 years). Prior to 1823, the term of Governor was 3 
years. 

Note.— New York adopted a gradual emancipation act in 1799, and in 
1817 another act was passed, declaring all her slaves free on and after July 
4, 1827. 

Where was the First Seat of Government in this State f 

It was originally fixed at New York city. The Legis- 
lative department was then called the "General As- 
sembly." 

Note 1.— After the Revolution commenced, Gov. Tryon, Dec, 1775, or- 
dered such records as related to the immediate interests of the Crown, to be 
removed to the armed ship, Duchess of Gordon, lying in New York Bay; and 
they remained there till Nov., 1781, when most of them were returned to the 
city of New York. 

They were nearly ruined by being kept on shipboard for six years: the 
most valuable of them were re-written at a later date. 

Note 2.— In June, 1776, the other records were removed to Kingston New 
Fork. The first State Legislature was in session in Kingston Oct., 1777. It 
hastily adjourned on the approach of the British who burned every house in 
the village but one; the records were taken to Rochester, Ulster Co., N. Y. 

Note 3.— The Legislature held a session in Poughkeepsie, Jan., 1778. 
Sessions were afterward held in Poughkeepsie, Kingston, and Albany as 
suited convenience, until 1784, when it met in New York. Two sessions 
were afterward held in Poughkeepsie, and three in Albany. 

Xn 1797 Albany became the permanent capital. 



QUESTIONS FOR THE CHART. 19 

UNITED STATES. 
What are the powers of the United States ? 
See Chart. 

Note.— For the further study of the United States Congress see pages 
from 99 onward. 

For the further study of the Executive, see pages 87-95. For the 
Cabinet see pages 95-98. 

For the Judiciary see pages 75-86. 

TERRITORIES. 
What are the powers of Territories! 
See chart and pages 72, 73. 
How many members in the Legislature of a Territory ? 
Each Territory has thirteen members in its Council, 
and twenty-six members in its House of Eepresentatiyes. 

Note.— The Council is equivalent to our State Senate, the House of 
Representatives to our Assembly. 

Wliat Officers of a Territory are elected by tJie people ? 

See page 72. 

Wliat Officers of a Territory are elected by the Territorial Legis- 
lature f 

See page 72. 

What Officers of a Territory are appointed by the President and 
Senate ? 

See page 72. 

DISTRICT OF COLUMBIA. 
What are the powers of the District of Columbia f 
It has too powers, namely: Executive and Judicial. 
See Chart. 

What Officers are Elected by the people in the District of Columbia? 
See pages 73 and 74. 



20 DEFINITIONS AND HISTORY. 

What Officers are Appointed by the President and Senate in the 
District of Columbia f 

See page 73. 

ENGLAND. 

Note.— England is placed in the Chart to show the similarity between 
its government and ours, and is intended more particularly for advanced 
students. 

What is the Constitution of England? 

It is unwritten, and is composed of all the great 
Charters and Statutes that have been enacted since the 
reign of King John, who left the throne of England, 
1216, after reigning 17 years. 

Note.— In the Valley of Runnymede, in the year 1215, King John was 
compelled to assent to the terms of the barons, and to sign the Magna Charta, 
the most remarkable instrument known in English history, of which the 
following are the most important sections: 

Section h5. "No freeman shall be taken, or disseized, or outlawed, or 
banished, or anywise injured, nor will we pass upon him, nor send upon 
him, unless by the legal judgment of his peers, or by the law of the 
land." 

Section hG. " We will sell to no man, we will not deny or delay to any man, 
right or justice." 

In other sections "the royal prerogative was limited and defined; the 
rights of the Church guaranteed; the Feudal system relieved of some of its 
grievances; unlawful fines and punishments forbidden; the free disposal of 
personal property by will allowed; the means of obtaining a livelihood, such 
as the tools of the mechanic and the goods of the merchant were exempt 
from fine or forfeiture for crime; fines were to be proportionate to the 
offence; the Circuit Courts brought into the neighborhood of all; and the 
liberties and customs of free towns confirmed." 

These provisions are to-day the basis and the bulwark of those rights and 
immunities that make England and America the freest countries on earth. 

How many powers in the Government of England f 
See Chart. 

Of what is the House of Lords composed ? 
The House of Lords is composed of Lords spiritual 
and Lords temporal. 



QUESTIONS FOR THE CHART. 21 

Note 1.— There are 30 Lords spiritual, namely, 26 of the Church of 
England, and 4 of the Irish Church. Of these, 4 are Archbishops, and 26 
are Bishops. 

Note 2. — The Lords temporal, in England, are hereditary, and their 
number varies. Their are 26 Irish nobles, and 16 Scottish nobles, who are 
elected by the nobility,— those from Ireland for life, and those from Scotland 
for a year. 

Who is the Speaker of the House of Lords? 

The Lord Chancellor, Lord Keeper of the Great 
Seal, is Speaker of the House of Lords. 

What is the House of Commons f 

The House of Commons consists of 658 representa- 
tives of counties, cities, boroughs, and some of the 
Universities as follows : England and Wales, 500 ; Ire- 
land, 135 ; Scotland, 53. 

Where can Bills originate t 

All bills appropriating money must originate in the 
House of Commons (corresponding with our House of 
Eepresentatives). Others may originate in either house. 

Note.— Every bill must be read, and passed by a majority vote, three 
times in each house, and receive the royal signature before it can become a 
law, 

Who is the Speaker of the House of Commons f 

The House of Commons elects its own Speaker. 

Who can vote in England f 

Those citizens who occupy, as owner or tenant, any 
house or other building of the clear yearly value of not 
less than ten pounds sterling, provided they have paid 
the poor rates and assessed taxes, may vote for the mem- 
bers of the House of Commons. 

JUDICIARY. 

By how many kinds of Law is justice administered in England ? 
There are three kinds of law,— Common law, Statute 
law, and the law of Equity. 



22 DEFINITIONS AND HISTORY. 

What is Common law f 

Common law is based on custom, or precedents estab- 
lished by former decisions of the courts of justice. 

What is Statute law ? 

Statute law consists of the acts of Parliament. 

What is the law of Equity f 

The law of Equity is administered by the Lord Chan- 
cellor, in cases not covered by Statute law, and where 
justice cannot be secured by Common law. 



DEFINITION OP DISTRICTS. 



Officers are elected to ad- 
minister the government 
for 



The following are names 
given to some of the dif- 
ferent kinds of districts in 
the State of New York. 



I. The United States. 

II. Each State. 

III. Counties. 

IV. Cities. 
V. Towns. 

VI. Districts. 

I. Road, School and 
Election Districts. 
II. School Commissioner 
Districts. 

III. Assembly Districts. 

IV. Senatorial 

V. Congressional " 
VI. Judicial 



Which are the smallest districts named f 

Road, School and Election districts. 

What is a Boad District ? 

A portion of a town placed under the charge of an 
officer, whose duty it is to see that the roads are kept 
in good condition. 

What is a School District f 

A portion of a town or city, placed under the care of 
officers, whose duties are to maintain a public school in 
and for the district. 

What is an Election District ? 

A whole or part of a town, in which all the voting is 
done at one poll. 



24 DEFI^ITIO^ OF DISTKICTS. 

What is a Sclwol Commissioner District? 
A whole or a portion of a county, under the jurisdio 
tion of a school commissioner. 

What is an Assembly Distnct ? 

A whole or a portion of a county set off for the pur- 
pose of electing a "Member of the Assembly." 

Note.— Fulton and Hamilton together form one district, and elect on© 
member. 

Wliat is a Senatorial District ? 

A portion of a county, a whole county, or several 
counties combined for the purpose of electing a Senator; 
the amount of territory depending upon population. 

What is a Congressional District? 

A portion of a county, a whole county, or several 
counties combined for the purpose of electing a "Kep- 
resentative in Congress"; the amount of territory 
depending upon joopulation. 

What is a Judicial District ? 

One county (as in the case of New York), or several 
counties united for the purpose of electing Supreme 
Court Judges. 

Name the Civil Divisions in regular order, and tell what a com- 
bination of each forms. 

Eoad and school districts form towns; towns when 
united form counties; counties when united form a 
State, and also, in many instances, Senatorial, Congres- 
sional, and Judicial districts. States when united form 
a Union. 

How many States are there ? 

There are 44. 



NUMBER OF DISTRICTS IN NEW YORK STATE. 25 

What is a County? 

One of the divisions of a State, separated from other 
divisions, empowered to elect certain officers for the ad- 
ministration of its own local affairs. 

How many Counties in New York State? 
There are 60. 

What is a Town f 

One of the divisions of a county, electing certain 
officers prescribed by law, and managing its own local 
affairs. 

How many Towns in New York State? 

In 1886 there were 942. See page xiii. The exact 
number can be found by consulting the almanacs that 
give the election returns. 

What is a City ? 

An incorporated town, or a section containing a col- 
lective body of inhabitants, incorporated by the State 
legislature, which grants a charter prescribing its man- 
ner of government, and is controlled by a Mayor and 
Aldermen. 

How many Cities in the State of New York? 

In 1892 there are 34. See Table, page xv. 

How many School Commissioner districts in New York State? 

There are 114. 

How many Assembly districts? 

There are 128. See page 53. 

How many Senatorial districts ? 

There are 32. See page 52. 

How many Judicial districts ? 

There are 8 f See page xi e 



26 DEFINITION OF DISTKICT&. 

How many Congressional districts ? 
There are 34. See page 101. 
How many School districts? 
There are about 12,000. 
How are counties Organized ? 
By an act of the State Legislature. 
How are towns Formed? 
By an act of the board of supervisors. 
By Wham are school districts formed? 

Generally by the school commissioners; sometimes by 
special legislation. 

What Power defines the number of Assembly, Senatorial, and Ju- 
dicial districts ? 

The State Constitution. 

What Power decides upon the number of Congressional districts ? 

The Congress of the United States. 






SCHOOL DISTKICT. 

Wlmt is a School District ? 

How many sclwol districts in your town f 

How many sclwol districts in your county f 

How many school districts in New York State? 

What are the names of the officers in a school district ? 

I. Trustee or trustees; or a board of education. 

II. Clerk. 

III. Collecter. 

IV. Librarian. 

What is the number of officials holding the same office at t7ie same 
time f 

I. One or three Trustees, as a district decides. If a 
Board of Education, it may not be less than three nor 
more than nine. 

II. One Clerk. 

III. One Collector. 

IV. One Librarian. 

What are the names of those districts in which there is a board 
of education f 

Union Free School Districts. These are allowed to 
have an additional officer, called a Treasurer. 

Wlwut is tlie term of office of each t 

I. If there be only one trustee, his term is one year. 

II. If there be three trustees, the term is 3 years, one 
being elected each year; if the board of education con- 



28 SCHOOL DISTRICT. 

sists of six or nine members, the term is 3 years, one 
third of the number being elected each year. 

III. Clerk, collector and librarian, each hold the 
office for one year. 

Who are eligible to school offices in this State t 

All voters, except as follows : No school commissioner 
or supervisor is eligible to the office of trustee, nor can 
either be a member of any board of education within 
his district or town ; and no trustee can hold the office 
of district clerk, collector, or librarian. 

DUTIES. 

What are some of the Duties of school district officers? 

TRUSTEES. 

I. To hold and keep district property for the use of 
the school. 

II. To hire and pay a qualified teacher or teachers, 
and maintain a school for at least 32 weeks during the 
school year. 

III. To make to the school commissioner an annual 
report between the 25th day of July and the first 
Tuesday in August in each year. 

IV. To make out all district taxes and issue a warrant 
for their collection, etc., etc. 

CLERK. 

I. To record the proceedings of the district. 

II. To give notice according to law of annual and 
special meetings. 

III. To notify each person elected or appointed to 
office, and also to report their names and post-office 
address to the town clerk. 



SALARY OF SCHOOL DISTRICT OFFICERS. 29 

IV. To notify the trustees of every resignation ac- 
cepted by the supervisor. 

V. To keep and preserve all books, records, and 
papers belonging to his office, and to deliver the same 
to his successor, etc., etc. 

COLLECTOR. 

I. To collect all district taxes made out by trustees 
and placed in his hands. 

II. To pay out the money as directed by their order. 

Note.— He must give to the trustee a bond for the faithful performance 
of his duties in collecting and paying over all moneys so collected. 

LIBRARIAN. 

To have charge and supervision of the school district 
library. 

SALARY. 

What is the Salary of these officers, and how paid? 

The collector alone is entitled to pay. He receives 1 
per cent on all moneys collected during the first 14 days 
after advertising; after that time, 5 per cent. 

How shall ice find hereafter that officers are paid ? 
Some are paid a salary; some by the day; some by a 
fee; some by a per cent. 

What is meant by a Salary? a Feet a Per Cent? 

NUMBER OF TRUSTEES. 

How can a school district having three trustees Change to one 
trustee ? 

By adopting a resolution at any annual meeting, that 
the district shall have a sole trustee; when the terms of 
those in office shall have expired, the district shall elect 
a trustee annually. 



30 SCHOOL DISTRICT. 

Can a district having a sole trustee Change Back and legally 
elect three? 

Yes. It may adopt a resolution by a two-thirds vote 
of all the legal voters present thereat, at an annual 
meeting, to have three trustees instead of one. It will 
then proceed to elect one for one year, one for two 
years, and one for three years, and thereafter one annu- 
ally for a term of three years. 

SCHOOL MEETINGS. 
Wlien does the annual School Meeting take place? 

I. On the fourth Tuesday in August. 

II. If a district contains three-hundred or more 
children of school age, the meeting for the election of 
school district officers must be held on the Wednesday 
following the first Tuesday in August, in each year, 
between the hours of 12 o'clock, noon, and 4 o'clock in 
the afternoon, at the principal school-house in the 
district, or at such other place as the trustee designates. 

How are Special school meetings called ? 

By the trustees. The clerk or some other person, if 
the office be vacant or he refuses to act, must serve a 
notice upon each qualified voter at school district meet- 
ing, at least 5 days before the day of the meeting. Said 
notice must state the purpose for which it is called, and 
no other business can be transacted. 

The inhabitants of any district may, by a resolution 
at an annual meeting, prescribe some other mode for 
calling special meetings, which shall continue in force 
until rescinded or modified at a subsequent annual 
meeting. 



QUALIFICATIONS OF VOTERS. 31 

VOTERS AT SCHOOL MEETING. 
What are tlie qualifications for voting at sclwol meetings? 
There are four classes of persons entitled to vote at 
school meetings in this State. 

* r*t ^T 7 . PerS ° n ° f ful1 age ' Wh0 is a residen t of the District entitled 
SEESEJ* ^^^eitherown.orhi^ real estate in th d s 
tnct liable to taxation for school purposes. 

2d. Every resident of the district, who is a citizen of the United States 
I Tv? T ' 1 , a " dwh0is the P arent <* a child of school age, provMed 
such child shall have attended the district school for a period ofat least 
eight weeks within one year preceding. - 

3d. Every resident of the district, a citizen of the United States 21 vears 
of age, not befag the parent, who shall have permanently resfding ^ h him 
or her a child of school age, which shall have attended the distrirtTchTl 
for a period of at least eight weeks within one year preceding 

4th Every resident and citizen of full age, who owns' any personal 
property assessed on the last preceding assessment roll of the town, exceed- 
mg fifty dollars m value exclusive of property exempt from execution 
In either class the voter may be male or female 
In the second class both father and mother are entitled to vote 
In the third class (cases of children residing with others than the,v 
panmts) the phrase "him or her" in the statutf must bf held to limit t^ 

I 8 t V n l ^T ° Dly ' and that the head of the household. There ore 
where husband and wife living together have such a child residing wTh 

f or other^l 1 ! " ^ a ° C0Unt entmed '° ^ aUh0Ugh She T?* 

VACANCIES IK SCHOOL DISTRICT OFFICES. 
Row are Vacancies in school offices filled? 

I. The office of trustee may be filled (a) within 30 
days by the district, by an election; (J) after 30 days 
by appointment by the School Commissioner. 

II. Vacancies may be filled in the offices of clerk, 
collector, or librarian by appointment by the trustee. 

SOME GENERAL PROVISIONS. 
I. No person within two degrees of relationship to either of the trustees 
can be legally engaged to teach school, without the approval of two-thMs 
«( the voters of the school district. 



32 SCHOOL DISTRICT. 

IT. A teacher is deemed qualified by law, if he possesses a normal school 
diploma, or a State certificate (unannulled), or an unexpired certificate 
given by the school commissioner of the district in which he is to teach, or 
by the school officer of the city or village in which he is employed, authorized 
by special act to grant such certificate. 

III. No person shall be deemed to be qualified to teach public schools 
who is under the age of 16 years. (Law of 1885.) 

IV. No legal contract can be made with a person to teach school, unless 
said person is duly qualified by law by holding a certificate of qualification. 

V. Trustees have sole power to hire teachers and determine the wages 
to be paid, without reference to a vote of the district. 

VI. Whenever the school commissioner of a district shall certify in 
writing, that more than $500 are necessary for building a new school house, 
the inhabitants may vote such sum as the commissioner approves of, and 
the trustees may legally levy the tax for the same. (Law of 1883.) 

VII. Persons wilfully disturbing a school or school meeting or an as- 
semblage of persons occupying a school house for the purpose of receiving 
instruction, shall forfeit $25.00. 

VIII. Trustees may permit the school house when unoccupied to be 
used for educational purposes, or for religious meetings; but if one of the 
three trustees objects to such use it can not be permitted. 

IX. Trustees alone have the power to expel a pupil from school for 
habitual misconduct, or when afflicted with a contagious disease. 

X. No school house is allowed to be built in this state until the plan, so 
far as ventilation, heating, and lighting is concerned, shall be approved in 
writing by the school commissioner in whose district such school house is 
to be built. (Law of 1883.) 

XL A sole trustee can hire a teacher for a term that commences before 
the expiration of his official term. 

XII. A school tax for building or repairing may be raised in equal 
instalments: but the last one shall not extend beyond ten years from the 
time the vote was taken. 

XIII. Trustees may be removed from office, for wilful neglect of duties, 
by the Superintendent of Public Instruction. 

XIV. Trustees have the custody of the school house or houses and 
appurtenances. 

XV. Trustees are authorized to prescribe a course of study in the school 
under their charge. 

XVI. The official acts of two trustees, without notifying or consulting 
the third, are illegal and void. 

SCHOOL MONEYS. 

I. The school commissioners must apportion the public money among 
their several districts, commencing on the third Tuesday of March in each 
year. 

II. The State school moneys apportioned in 1885, were derived from the 



LEGAL HOLIDAYS. 33 

following sources, and will not be changed much unless the Legislature 
should increase the State tax. For a full account of the sources and the dis- 
tribution of these funds, see article in the School Bulletin for June, 1886. 

From the United States Deposit Fund $ 75,000. 

From the Common School Fund 170,000. 

From the State School Tax 2,839,600. 

$3,084,600 

ILL In 1890, the State school tax was increased by an adition of $250,- 
000 ; and the receipts for the year were : 

From the United States Deposit Fund $ 75,000. 

From the Common School Fund 170,000. 

From the State School Tax 3,500,000. 

Total, $3,745,000. 

IV. Every school district in the State now taught by a qualified teacher 
for 32 weeks (a school year), is entitled to a district quota of $100 ; and an 
additional quota of $100 for each additional teacher employed for 32 weeks 
in the district. There were in 1890, 23,413 district quotas in the State. 

V. The balance of the public money is apportioned among the schools 
in proportion to aggregate attendance. 

LEGAL HOLIDAYS. 

By common consent and practice some important days have been recog- 
nized by the people of this State and other States of the Union as holidays. 
The following dates show when holidays were recognized by statute law in 
the State of New York. 

(-January 1 (New Year's day). 
I July 4 (Independence day). 
J December 25 (Christmas day). 

And any other day designated by the Governor of the 
State or the President of the United States for fasting or 
"-thanksgiving. 

1865. February 22 (Washington's birth day). 

1872. Any general State election day. 

1873. May 30 (Decoration day). 

_j The first Monday in September* (Labor day). 
* i Every Saturday from 12 o'clock noon till 12 o'clock midnight. 



TOWN/ 

What is a Town t 

How many towns in your county ? See page — xiii. 

How many towns in New York State? See page — xiii. 

When is the annual Town Meeting held? ; See pages 39, 71., 

What Officers preside at a town meeting f to take and deposit tlie 
ballots offered t 

I A majority of the justices of the peace of the town 
and town clerk constitute the board for receiving and 
canvassing the votes at a town meeting. 

r What are the Names of the officers in a town, tlie Number of 
officials in each, and their Terms of office f . 

I. One Supervisor, elected for two years. 

II. One Town Clerk, elected for two years. 

III. Four Justices of the Peace, elected for four years. 

IV. Three Assessors, elected for three years. 

V. One or three Highway Commissioners, as the 
electors may determine; if one be elected, the term is 
two years ; if three, the term is three years. 

VI. One or two Overseers of the Poor, as the electors 
may det .mine; term one year. 

VII. One Collector, elected for one year. 

VIII. Constables, not to exceed five; term one year. 

IX. One Game Constable; term one year. 

X. Three Excise Commissioners; term three years. 
XL Three Inspectors of Election; term one year. 
XII. In some villages and cities a Sealer of Weights 

and Measures. ' 



DUTIES OP TOWK OFFICERS. 35 

DUTIES. 

What are some of their Duties f 

I. SUPERVISORS. 

I. To receive the school money belonging to the town, 
and pay it out by order of the trustees. 

II. To receive other money belonging to the town, 
and disburse the same according to law. 

III. To meet with the other supervisors of the county 

as a " Board of Count v Canvassers." 

«/ 

IV. To meet with the other supervisors of the county 
as a "Board of Supervisors"; to audit all lawful ac- 
counts against the county, make out the tax lists and 
cause them to be collected; and perform such other acts 
of legislation as the constitution and statute laws have 
conferred upon them. 

II. TOWIN" CLERK. 

I. To keep the records of the town. 

II. To keep in his custody such books and papers as 
belong to the town. 

III. To act as clerk of the town meetings. 

IV. To file such papers as properly belong to his of- 
fice; and to perform the general clerical duties for the 
town. 

III. JUSTICES OF THE PEACE. 

I. To be the judicial officers for the town. 

II. To issue warrants for the arrest of persons accused 
of committing crimes, and also summonses for the pur- 
pose of bringing before them persons for trial in civil 
actions. 



S6 foWtf. 

III. To take acknowledgment of conveyances, admin- 
ister oaths, act as inspectors at the town meeting, etc. 

IV. ASSESSORS. 

I. To make an inventory of the real estate in the 
town, naming the number of acres owned by each per- 
son, and fixing upon the same a valuation in proportion 
to its worth. 

II. To make an inventory of the personal property 
held by the several persons in the town, such as notes, 
mortgages, etc., which with the real estate forms the 
basis for taxes. 

V. HIGHWAY COMMISSIONERS. 

I. To have the care and general supervision of the 
highways and bridges 

II. To lay out new roads, when directed by a jury 
legally called for that purpose, and discontinue others 
when directed by the same authority. 

III. To divide the town into districts, and appoint 
overseers for the same. 

VI. OVERSEERS OF THE POOR. 

To look after and provide for, either at home or in 
the county house, such as are in indigent circumstances. 

VII. COLLECTOR. 

I. To give a bond to the supervisor for double the 
amount to be collected, with one or more sureties for 
the faithful performance of his duties. 

II. To receive the tax list and warrant, and collect 
the tax and pay it over as directed. 

VIII. CONSTABLES. 

I, To serve summonses issued by the justices. 



SALARY OF TOWN OFFICERS. 37 

II. To arrest and bring prisoners before a justice, 
and to have the custody of them. 

III. To collect moneys upon executions, and if neces- 
sary to sell property to satisfy the same. 

IV. To see that order is preserved in the community. 

V. To attend the higher courts in their official 
capacity when directed by the sheriff. 

IX. GAME CONSTABLE. 

To look after and prosecute for the violation of the 
game laws. 

X. EXCISE COMMISSIONERS. 

To meet and act upon petitions asking for the privil- 
ege of selling spirituous liquors. 

XI. INSPECTORS OF ELECTION. 

I. To preside at the annual election, receive the votes 
legally presented, and deposit them in boxes prepared 
for that purpose. 

II. To count the ballots at the close of the election, 
make a true statement thereof, and transmit it to the 
board of canvassers. 

SALARY. 

How are these officers Paid f 

I. Supervisors receive $4.00 per day for county ser- 
vices, and $2.00 per day for town services. They are 
also entitled to extras for copying assessment roll at the 
rate of 3 cents a line for the first one hundred written 
lines; 2 cents a line for the second hundred lines; and 
1 cent a line for all written lines in excess of that number. 
Also to 8 cents a mile for once going and returning from 



38 towst. 

their residences to where the sessions are held. Also to 
a percentage for paying out public school moneys. 

II. Town clerks are paid by the day for services; also 
a fee for recording and filing papers. 

III. Justices are paid mostly by fees; as officers of the 
town meeting they are paid by the day. 

IV. Collectors receive a percentage for collecting the 
money. 

V. Constables receive a fee, or a percentage, and for 
some services are paid by the day. 

VI. Game constables receive a portion of the fine- 
money collected by reason of their prosecutions. 

VII. All the remaining officers are paid for their 
services by the day. 

What must all tliese officers do before entering upon their duties ? 
They must qualify; that is, take the oath of office. 
What is the Oath of Office f 

See State Constitution, art. XII, sec. I., page 183. 
Wlw can Administer the oath of office ? 

I. The county clerk administers the oath to the 
justices of the peace. 

II. A justice of the peace administers the oath to all 
other town officers, except inspectors of election. 

III. The chairman of the inspectors of election ad- 
ministers the oath to the other inspectors, and one of 
the others in turn administers it to the chairman. 

BOKDS. 

Wliat town officers must give Bonds for the proper discliarge of 
duties f 

The supervisors, justices of the peace, highway com- 



SUPEKVISORS. 39 

missioners, oyerseers of the poor, collector, constables, 
and excise commissioners. 

SUPERVISORS. 
How many Supervisors in the Towns of the State t 
As many supervisors as there are towns in the State. 
How many Supervisors in the Cities of the State? 
As many as there are wards in the several cities. 

Note.— New York City elects 15 Aldermen at large, and 1 in each As- 
sembly district. The Mayor, Recorder, and Aldermen constitute the " board 
of supervisors." Kings County elects 1 Supervisor at Large; he is president 
of the board, but has no vote except in a case of a tie. 

How many members in a "board of supervisors/' in a county 
having 20 towns and a city with 11 wards ? 

As many as there are towns in the county and wards 
in the city, or 31 members. 

Who are entitled to Vote for town, county f state, and national 
elective officers? 

See Art. II. Cons., page 158. 

TOWK MEETING. 

The time for holding town meetings in a county is 
fixed by its board of supervisors. 

All the towns in one county hold their annual town 
meeting on the same day, as designated by the board. 

VACANCIES IK TOWK OFFICES. 
How are vacancies in town offices filled? 

I. Any vacancy occurring in a town office may be 
filled by a special town meeting, upon the applica- 
tion of 25 legal voters of the town, if called by the 
Town Clerk within 8 days after said vacancy occurred. 

II. After 15 days have passed without an election the 
Town Board may appoint. 

Note.— The Town Board consists of the Supervisor, Town Clerk and 
Justices of the Peace. 



COUNTY. 

What is a County ? 

By what authm*ity organized? 

How many counties in this State ? 

W7ien was the colony of New York first divided into counties? 

In 1683. 

How many counties were established in 1683, and ichat were their 
names ? 

Ten: viz, Kings, Queens, Suffolk, New York, Kich- 
mond, Westchester, Dutchess, Albany, Ulster and 
Orange. 

What are tliese counties called ? 
Original counties. 
When are the county officers elected ? 

They are elected at the annual election which is held 
on Tuesday after the first Monday in November. 

What officers constitute tlie board for receiving , depositing, and 
counting the ballots at the annual election? 

Three persons called Inspectors of Election, elected 
at the preceding town meeting for that purpose, for 
each and every election district. Each board appoints 
2 clerks who register the names of all persons voting. 

What are the Names of the county offices, the Number of officials 
in tJie same office, and tlieir Term ? 

I, One Sheriff, for a term of 3 years. 



ELIGIBILITY OF COUNTY OFFICERS. 41 

II. One County Judge,, for a term of 6 years. 

Note.— In a few counties there are special judges; same length of term. 

III. In counties containing more than 40,000 inhabi- 
tants a Surrogate may be elected; in counties containing 
less than 40,000 inhabitants, the county judge performs 
the duties of judge and surrogate. The term of the 
surrogates is 6 years. 

Note.— In a few counties there are special surrogates. 

IV. One County Clerk, for a term of 3 years. 

V. One Treasurer, for a term of 3 years. 

VI. One District Attorney, for a term of 3 years. 

VII. Four Coroners, for a term of 3 years. 

VIII. One or three Superintendents of the Poor, for 
a term of three years. 

IX. Two Justices of Sessions, for a term of 1 year. 

X. One School Commissioner for each commissioner 
district, for a term of 3 years. 

What about the Eligibility of these officers f 

I. The sheriff is prohibited from holding the same 
office for the next succeeding term, neither can he hold 
any other office at the same time. Const., Art. X., Sec. 
L, page 178. 

II. No county judge can hold the office longer than 
the last day of December succeeding his 70th birthday* 
Art. VI, Sec. 13, page 163. 

III. !STo person, except a counselor-at-law in the su- 
preme court, can hold the office of district attorney* 
if there be such an one in the county; if there be none, 
then an attorney may be elected. 

IV. Supervisors and county treasurers cannot hold 
the office of county superintendent of the poor. 



42 COUNTY. 

V. No sheriff, under-sheriff, deputy, sheriff's clerk, 
or coroner can practise as counselor-at-law during his 
term of office. 

VI. Justices of the sessions must be acting justices of 
the peace in their respective towns. 

Note.— There are no other prohibitions in regard to age or re-election of 
county officers. 

DUTIES. 

What are some of tlieir Duties? 

I. SHERIFF. 

I. He is the executive officer of the county. 

II. By himself or by his deputies, executes civil and 
criminal processes throughout the county. 

III. Has charge of the jail and prisoners. 

IV. Attends courts, and keeps the peace. 

V. Must be present by himself or under-sheriff, at 
the drawing of jurors, and cause them to be legally 
summoned. ■ 

II. JUDGE. 

I. He is the presiding officer in the County Court. 

II. He may, with two justices of sessions, hold Courts 
of Sessions, with such criminal jurisdiction as the Leg- 
islature may prescribe. 

III. The county judge of any county may preside at 
Courts of Sessions, or hold County Courts, in any other 
county except New York and Kings, when requested by 
the judge of such other county. Art. VI, Sec. 15, 
page 164. 

III. SUBROGATE. 

I. Takes proof of wills of real or personal property. 

II. Grants letters testamentary or administrative. 



DUTIES OF COUNTY OFFICERS. 43 

III. Attends generally to the settlement of the estates 
of deceased persons. 

IV. COUNTY CLERK. 

I. He is the clerk of the courts held in and for the 
county, namely: Circuit, Oyer and Terminer, County 
Court and Court of Sessions, and the Special Term. 

II. Administers the oath to jurors and witnesses. 

III. Eecords the judgments of the courts. 

IV. Draws the grand and petit juries, and makes a 
return of the same. 

V. Eecords mortgages, deeds, satisfaction papers, etc. 

V. TREASURER. 

I. Eeceives the moneys collected by the several town 
collectors for county and State taxes. 

II. Pays over to the comptroller the amount going to 
the State. 

III. Pays out the amount due the county, as directed 
by law. 

IV. Eeceives from the comptroller the school money 
due the county, and pays the same over to the several 
suj>ervisors, as directed by the school commissioner's 
certificate. 

V. Makes a general statement of the financial affairs 
of his office to the board of supervisors, annually. 

VI. DISTRICT ATTORNEY. 

I. He is the attorney for the county. 

II. Presents complaints made to him, accusing parties 
of crime, to the grand jury. 

III. Draws " bills of indictment " when found by the 
grand jury. 



4A COUNTY. 

IV. Tries indicted parties in the Oyer and Terminer, 
md Court of Sessions. 

VII. CORONERS. 

I. Look after and inquire into all matters concerning 
persons slain, or who have died mysteriously. 

II. Summon a jury, subpoena witnesses, and ascertain 
as far as possible all the facts in regard to the death. 

III. In case of a vacancy in the office of sheriff, and 
there being no under-sheriff, one of the coroners desig- 
nated by the county judge, performs the duties of sheriff 
until said vacancy be filled by election or appointment. 

V. Have power to arrest the sheriff upon criminal 
processes. 

VIII. SUPERINTENDENTS OF THE POOR. 

Have the general care of the county house; appoint 
persons to take charge of the same, and render an ac- 
count annually to the "board of supervisors" of their 
doings. 

IX. JUSTICES OF SESSIONS. 

I. Sit upon the bench with the county judge in the 
Court of Sessions for the trial of such persons as have 
been indicted by a grand jury. 

II. The law gives them just as much power in the de- 
cision of questions as the judge. 

X. SCHOOL COMMISSIONERS. 

I. Apportion the school moneys among the several 
districts in the county. 

II. Make an annual report to the superintendent of 
public instruction, containing all the statistics embraced 
in the several reports from the trustees of their districts. 



Salaries of county officers. 45 

III. Visit and examine ail the schools and school dis- 
tricts within their districts as often in each year a&shall 
be practicable; inquire into all matters relating to the 
management, the course of study and mode of instruc- 
tion, the text books used and the discipline of such 
schools. 

IV. Examine persons proposing to teach public 
schools in their districts, in regard to their "moral 
character," "learning," and "ability to teach," and if 
they find them qualified, grant them certificates in the 
form prescribed by the superintendent. 

V. Form new districts, or change the boundary lines 
of old ones. 

VI. Organize at least once each year, or in concert 
with one or more commissioners in the same county, a 
"teachers institute," and induce, if possible, all the 
teachers in their districts to be present and take part in 
its exercises. 

SALAEIES. 
What are the Salaries of each of these officers, or how paid? 

I. SHERIFF. 

I. Eeceives a fee on all papers served. 

II. Eeceives a per cent on money collected on execu- 
tions, and "Key fees" for prisoners. 

II. JUDGE. 

Eeceives a salary established by the legislature, vary- 
ing in different counties according to population and 
business. See pages xii and 41. 

III. SURROGATE. 

I. Eeceives a salary, varying in different counties ac- 
cording to business. See pages xii and 41, 



46 COUNTY. 

Note.— When the judge performs the duties of surrogate, the one salary 
suffices for all the duties performed. 

II. The surrogate is entitled to a clerk. 

IV. COUNTY CLERK. 

I. Eeceives a fee for all papers recorded. 

II. Receives a fee for administering oaths in court. 

III. Is paid extra for copying or re-indexing old 
records. 

Y. TREASURER. 

I. The county treasurer receives an annual salary 
fixed by the " board of supervisors." 

II. The salary is established at least six months before 
his election. 

III. The salary cannot be increased or diminished 
during his term of office. 

VI. DISTRICT ATTORNEY. 

I. Eeceives a salary fixed by the board of supervisors, 
when they resolve so to do. 

II. Can try civil causes, when not engaged officially, 
receiving as his own the fees for the same. 

VII. CORONERS. 

I. For holding inquests they are entitled to a reason- 
able compensation, to be audited and allowed by the 
board of supervisors. 

II. For performing sheriff's duties, they are entitled 
to same fees as sheriff. 

VIII. SUPERINTENDENTS OF THE POOR. 

Paid by the day, or a salary. 

IX. JUSTICES OF SESSIONS. 

$3.00 a day. 



OATH OF OFFICE. 47 

X. SCHOOL COMMISSIONERS. 

I. A salary of $1,000 a year, established by law. 

II. Supervisors are required to audit and allow $200 
extra for expenses. 

III. A majority of the supervisors of any school 
commissioner district may increase the salary of said 
school commissioner. Such increased salary must be 
levied upon the towns composing such commissioner 
district. 

OATH OF OFFICE. 

What must county officers do, befoi*e entering upon the duties of 
their office f 

Take the oath prescribed by State Constitution in 
Art. XII, Sec. I, page 201. 

What county officers are required in addition to the oath prescribed 
to execute a bond for the faithful performance oftlieir duties? 

Sheriff, county treasurer, surrogate and county 
superintendents of the poor. 

Who administers the "oath of office" to the county officers? 
The county clerk. 

In case of the re-election of the county clerk, before whom can Tie 
qualify ? 

The county judge. 

Where are these oaths of office and bonds recorded? 

In the county clerk's office. 

Who is the sheriff of this county ? 
Who is the present judge; and what is his salary? 
Is there a separate officer as surrrogate, and why? 
Who is the county clerk ? 



48 COUNTY. 

Wlw is the county treasurer ? 

Who is the district attorney ? 

Who are the coroners ? 

Who are the superintendents of the poor? 

Who are the justices of sessions? 

Who are the school commissioners ? 

VACANCIES IK COUNTY OFFICES. 
How are vacancies in County Offices filled? 

I. Vacancies in the offices of County Judge, Surrogate, 
Sheriff, District Attorney, and Coroners are filled by 
the Governor. 

II. Vacancies in the office of County Treasurer, and 
Superintendents of the Poor are filled by the Board of 
Supervisors. 

III. Vacancy in the office of School Commissioner is 
filled by the County Judge. 



CITY. 

What is a City? 
By wliat authority Organized? 
By an act of the Legislature. 
What instrument defines its Powers? 

A Charter, which is an instrument granted by the 
legislature, defining the city's rights and privileges. 

What are the Divisions of a city called ? 
Wards. 

Note.— For list of the cities in New York State, when incorporated, and 
the number of wards in each, see Table, page xiv. 

How populous must a village be, before it can be incorporated as a 
City? ' 

No definite number is required; whenever a large 
proportion of the voters desire it, the legislature will 
grant a city charter. 

Note.— The constitution of Pennsylvania says, " Cities may be chartered 
whenever a majority of the electors (voters) of any town or borough having 
a population of at least 10,000 inhabitants, shall vote at any election for 
the same.' 7 

What is the Executive Officerr of a city called? 

The Mayor. His term of office is one year, unless 
otherwise ordered by the charter, as in New York, and 
some other cities, where it is two years. 

What other important officers are elected ? 
Aldermen and Supervisors; one each in every ward 
unless otherwise ordered by the charter. 



50 CITY. 

Wliat officers form the Common Council? 

The mayor and aldermen. They are the legislative 
body of the city, and have authority to appoint police 
officers. 

What Courts exist in cities in addition to those established for the 
State at large ? 

I. The Superior Court of the city of New York. 

II. The Court of Common Pleas for the city and 
county of New York. 

III. The Superior Court of Buffalo. 

IV. The City Court of Brooklyn. Const., Art. VI.. 
Sec. 12, page 182. 



STATE. 

Upon what is the State government based ? 

Upon a Constitution adopted by the people. 

When and wliere was the first State constitution framed f 

How many Departments are provided for by the constitution? 

Three; the Legislative, Executive, and Judicial. 

What are the Divisions of the Legislative department? 

The Assembly and the Senate. 

What is the number of members in each body, and their term of 
office ? 

128 members of the Assembly, elected for one yeaj; 
32 senators elected for two years. 
See Art. III., Const., pages 160-167. 

When, and how is the number of members of the Assembly appor- 
tioned among the several counties ? 

Once in 10 years by the Legislature, immediately 
after taking the State census, and as nearly as can be, 
according to population, excluding aliens; but giving to 
every county except Hamilton at least one member. 

When and how is the number of members of the Senate appor- 
tioned in the State ? 

At the same time, by the Legislature; and as nearly 
as possible according to population. A Senatorial dis- 
trict sometimes embraces a portion of a county; some- 
times a whole county; at other times two or more 



THE SEKATE A2STD THE ASSEMBLY, 53 

counties ; but no county can be divided, unless it be 
equitably entitled to two or more members. 

SENATE DISTRICTS, APPORTIONMENT OF 1892. 
I. Queens and Suffolk. 
II-V. Brooklyn. 

II. Wards 7, 9, 10, 12, 22 of Brooklyn. 

III. Wards 13, 19, 21, 23, 25 of Brooklyn. 

IV. Wards 14-18, 27 of Brooklyn. 

V. Wards, 1-6, 11, 20 of Brooklyn. 

VI. Wards 8, 24, 26, 28 of Brooklyn, the towns of Gravesend, 
Flatbush, Flatlands, New Utrecht, and the county of Richmond. 
VII-XIV. New York. 

VII. Wards 1-3, 5, 8, 9, 1G of New York, with Bedlow's, Governor, 

and Ellis islands. 

VIII. Wards 4, G, 7, 11, 13 of New York. 

IX. Wards 10, 14, 15, 17 of New York. 

X. Wards 18, 20, 21 of New York. 

XI. Between 40th and 52d street of Ward 22, between 40th and 59th 
street of Ward 19, New York, and Blackwell's island, 

XII. Between 52d and 72d street of Ward 22, between 59th and 72d 

street of Ward 19. 

XIII. Ward 23, Ward 22 north of 72d street, Ward 19 north of 86th 
street, Ward 12 north of 86th street and west of 7th avenue. 

XIV. Ward 12 north of 8Gth street and east of 7th avenue, with 

Ward's and Randall's islands. 

XV. Ward 24 of New York, and the counties of Putnam and 
Westchester. 

XVI. Rockland, Orange, Dutchess. 

XVII. Sullivan, Ulster, Greene, Schoharie. 

XVIII. Rensselaer and Columbia. 

XIX. Albany. 

XX. Saratoga, Montgomery, Herkimer, Schenectady. 

XXL Essex, Clinton, Franklin, Washington, Warren, Fulton, 
Hamilton. 

XXII. St. Lawrence, Jefferson, Oswego. 

XXIII. Oneida, Otsego, Lewis. 

XXIV. Onondaga, Madison. 

XXV. Delaware, Broome, Cortland, Chenango, Tioga. 

XXVI. Cayuga, Wayne, Tompkins, Ontario, Yates. 

XXVII. Chemung, Schuyler, Seneca, Steuben. 

XXVIII. Monroe. 

XXIX. Niagara, Orleans, Livingston, Wyoming, Genesee. 

XXX. Wards 1-14, 19, 20 of Buffalo. 

XXXI. Wards 15-18, 21-25 of Buffalo, and Erie county out- 
side of Buffalo. 

XXXII. Chautauqua, Cattaraugus, Allegany. 

THE ASSEMBLY, APPORTIONMENT OF 1892. 

Dutchess, Oneida, Orange, Steuben, and Ulster coun- 
ties have each 2 districts; Monroe, Onondaga, -Orleans, 



54 STATE. 

Eensselaer, and Westchester have each 3 ; Albany has 
4, Erie G, Kings 18, New York 30. All the other 
counties form one district each, except Fulton and 
Hamilton, which form one jointly. 

New York has 30 districts, or nearly one-fourth of the 
entire Assembly. 

In all there are 128 assembly districts. 

What must be done in those counties that are entitled to two or 
more members f 

The "boards of supervisors ' of such counties, except 
the city and county of New York, must divide their 
respective counties into Assembly districts, the number 
of districts being equal to the number of members here- 
tofore apportioned by the Legislature to these several 
counties ; the territory must be contiguous, and no town 
may be divided in the formation of districts. 

By whom is the city and county of New York divided into Dis- 
tricts f 

By the "board of aldermen"; they meet for that 
purpose at such time as the Legislature shall designate. 

ELIGIBILITY. 

Who are Eligible to the Legislature ? 

I. The candidate must be 21 years of age. 

II. He must not be at the time of election, nor have 
been within 100 days previous thereto, a member of 
Congress, a civil or military officer under the United 
States, or any officer under any city government. 

III. Should any person after his election to the Leg- 
islature be elected or appointed to any of the offices just 
named, his acceptance thereof will vacate his seat in the 

Legislature. 

duties. . 
What are some of ilie duties of the members of the Assembly t 



ORGANIZATION OF THE ASSEMBLY. 00 

I. To take the oath of office. 

Art. XII, Sec. I, Const., page 201. 

II. To organize by electing their presiding officer, 
who is called the Speaker, and who must be one of their 
number. 

III. To elect also the other officers, viz: a Clerk, Ser- 
geant-at-Arms, Door-Keeper, and two assistant Door- 
Keepers; persons not members of their body. 

IV. To have co-ordinate jurisdiction with the Senate 
in the enactment of laws. 

V. To prefer charges against officers for misconduct 
in office, which is called Impeachment. 

ORGANIZATION. 

Who calls the Assembly to order for the purpose of Organization? 

The Clerk of the last Assembly. 

Who furnishes the Clerk icith an official list of tlie members elect? 

The Secretary of State. 

By whom is the Oath of Office administered ? 

Usually by the Secretary of State. The oath may, 
however, be taken previously, before any Justice of the 
Supreme Court, the Attorney-General, the Lieutenant- 
Governor, any Judge of a County Court, the Mayor or 
Eecorder of any city, or the Clerk of any county or 
Court of Eecord. The oath whenever taken must be 
duly subscribed, certified, and filed in the office of the 
Secretary of State. Members who are absent at the 
organization, may be sworn by the Speaker, if they have 
not previously taken the oath. 

By whom are tlie other officers Appointed ? 

By the Speaker, except those in the department of 



56 STATE. 

the Clerk, he having power to appoint his own dep- 
uties. 

THE SENATE. 
Who is the Presiding Officer in the Senate t 
The Lieutenant-Governor; he is called the Presi- 
dent of the Senate. 

DUTIES. 
What are some of the Duties of the State Senate ? 

I. To elect the remaining officers, whose names and 
duties are about the same as in the Assembly. 

II. To have co-ordinate jurisdiction with the Assem- 
bly in enacting laws. 

III. To* act as a court for the trial of impeachments, 
associated with the judges of the Court of Appeals, and 
the President of the Senate. 

IV. To confirm or reject appointments made by the 
Governor. 

V. To elect a temporary president when the Lieuten- 
ant-Governor shall not attend as president, or shall be 
called to act as Governor. 

How many members must be present in each house to do business ? 
A majority, which is called a Quorum. 

BILLS. 
Where may bills Originate t 

Any bill may originate in either house of the Legis- 
lature. 

What is tlie Difference in this respect bett&een the Legislature of 
this State and Congress ? 

In Congress all bills for raising revenue must origin 
nate in the House of Representatives, 



HOW A BILL BECOMES A LAW. 57 

What is a Bill? 

A bill is the proposed form of a legislative act or 
statute, while in the course of legislation, and before it 
becomes a law. 

How may a bill be Introduced f 

No bills may be introduced in the Assembly except in 
one of the following modes, viz : 

1. By deposit at any time during the session in a box 
known as the "Bill-Box", which is under the immedi- 
ate charge of the Clerk. Every bill must be in dupli- 
cate, endorsed by its title, accompanied by the name of 
the member introducing it. 

Note. — At the close of each day's session, one of each of such bills depos- 
ited must be handed by the Clerk to the Speaker for his examination, after 
it has been recorded in a book kept for that purpose. At the next regular 
session the Speaker must announce the introduction of all bills thus received 
by him for their first reading ( that is for reading by their titles), and refer 
them to their appropriate committee, by consent of the House. 

2. By report of a committee. 

3. By order of the House. 

4. By message from the Senate. 
What is done with a bill thus introduced f 

All bills, whether introduced in the House or com- 
municated by message from the Senate, must after their 
first reading be referred to a standing or select commit- 
tee, to consider and report thereon. Such committee 
may report any bill, either with or without amend- 
ments, or it may report against the same. 

What is done after a bill is favorably reported? 

All bills favorably reported must, if the report be 
agreed to, be placed on the order of second reading: 
but where a bill has been reported adversely, and such 
report is agreed to by the House, it is rejected. 



58 STATE. 

What happens to a bill on the order of Second Reading f 

Bills on the order of second reading must be subject 
to debate before the motion to order them to a third 
reading is entertained. Such bills must be read section 
by section. 

May a bill be Amended f 

Bills may be amended on the second reading, and 
when so amended must be reprinted before they are 
read a third time. No bill may be put upon its third 
reading until it shall have been reported by the commit- 
tee on printed and engrossed bills as correctly printed 
and properly engrossed. 

What happens at the Third Reading ? 

On the third reading of the bill no amendments, 
except to fill blanks, are in order without unanimous 
consent, unless on commitment such amendment has 
been reported by a committee ; in which case, after 
amendments so reported shall have been disposed of, the 
question becomes the same as pending before the refer- 
ence. 

Are these Tfiree Readings compulsory f 

Every bill previous to its passage, must receive three 
separate readings, on three different days, except by 
unanimous consent. 

Note 1.— Three readings are required in the Senate, also in Congress. 

Note 2.— Bills are read in three ways,— reading the enacting clause ; 
reading the title ; reading it through by sections. 

Note 3.— When a bill is reported by a committee without having been 
previously referred to the committee, it receives its first and second readings 
in the same manner as when introduced by a member. 

What happens to a bill that the Assembly has passed t 
It is delivered by the Clerk to the Senate, where it goes 
through the same general procedure as in the Assembly. 
Bills passed in the Senate are transmitted to the Assem- 
bly, and acted upon as though they originated there. 



VOTING. 59 

What happens to a bill lohen Amended? 
When a bill is amended in either house,, it must be 
returned to the other house for concurrence ; a failure 
to concur defeats the bill. 

What happens when both Houses have concurred ? 
After the concurrence of both houses in a bill, it is 
delivered by the Clerk of the one in which it originated 
to the Governor, and if it receives his approval it is by 
him sent to the Secretary of State, where it takes its 
place in the chapter of laws. 

Note 1.— Each legislative body has its own particular rules, but these 
are in the main alike. 

Note 2.— A Standing Committee is one appointed to continue during the 
session or term of the body from which it is chosen. 

Note 3.— Where unanimous consent is asked for advancing a bill, it is the 
duty of the Speaker to order a roll-call for the purpose of determining if 
such consent be granted. 

Note 4.— The enacting clause in the Legislature of New York is a con- 
stitutional provision, and reads as follows : 

"The people of the State of New York, represented in Senate and As- 
sembly, do enact as follows : " 

The enacting clause in Congress is a Statute law (1871) : 

" Be it enacted by the Senate and House of Representatives of the Unit- 
ed States in Congress assembled:" for joint resolutions, "Resolved by the 
Senate and House of Representatives in Congress assembled.' ' 

Who are entitled to Vote upon all questions in the Legislature? 

All the members of the Assembly and of the Senate, in- 
cluding the Speaker of the Assembly. Except upon ques- 
tions upon which the Senate vote is tied, the Lieutenant- 
Governor cannot vote, because he has not been elected 
a member. But a member of the Senate elected presi- 
dent thereof is always entitled to a vote. 

Note.— For manner of voting, see p. 131*. For Impeachments, see p. 132*. 

SALARY'. 
How are Assemblymen and Senators paid ? 
I. By a salary fixed by the constitution, of §1,500 ; 



o 



CD 



60 STATE. 

II. And $1.00 for every 10 miles travelled in going 
to and returning from the place of meeting, once in 
each session on the most usual route. 

III. Senators when convened in extraordinary session, 
or when serving as members of the Court of Impeach- 
ment, and such members of the Assembly, not exceed- 
ing 9 in number, as shall be appointed managers of an 
impeachment, shall receive $10.00 a day additional al- 
lowance. 

TABULAR VIEW. 

A tabular view of the officers, showing the source 
from whence they derive their authority. 

Executive -j Governor. 

Presiding Officer -j Lieutenant Governor 

" Secretary of State. 

Comptroller. 

Treasurer. 

Attorney General. 
^ State Engineer and Surveyor. 

Judicial -j Judges' of the Court of Appeals. 

" Superintendent of Banking. 

Superintendent of Insurance. 

Eailroad Commissioners. 

Superintendent of Prisons. 

Superintendent of Public Works. 

Notaries Public. 

State Assessors. 

Loan Commissioners. 

Board of Claims. 

Quarantine Commissioners. 
v Trustees of State Institutions, and some others. 



o 

CD . 

CD C3 

CD 

O 

CD 



O 
Pi 

r-l 
CD 

> . 
O CD 

O H^ 

.9 <s 

o 

<1 



Administrative 



KAMES OF OFFICES. 61 



^V-4 



r& 



§ Superintendent of Public Instruction. 



r^ 



* -+3 < Eegents of the University. 
r2-S United States Senators. / 

What are the first seven offices called ? 

They are called Elective Offices. 

Why Elective f 

Because the officers are voted for directly by the 

people. 

Why are the Secretary of State, Comptroller, Treasurer, etc., 
called Administrative f 

Because they assist the Governor in the administra- 
tion and enforcement of the laws. 

What are the Superintendents of Banking , Insurance, etc., called? 

They are called Appointive Officers. 

Why Appointive? 

Because these offices are filled by appointment by the 
Governor subject to ratification by the Senate. 

What is meant by being elected in Joint Ballot ? 
Both houses (that is, Senate and Assembly) vote to- 
gether as one body. 

How many Officials in the offices just named? 

One of each of the following: Gov., Lieut. Gov., Sec. 
of State, Comp., Treas., Atty. Gen., State Eng. and 
Surveyor; seven Judges of the Court of Appeals; three 
Eailroad Commissioners; one Sup't each of Banking, 
Insurance, Prisons, and Public Works; three State As- 
sessors; a large number of Notaries; two Loan Commis- 
sioners for each county; three members Board of 
Claims; one Superintendent of Public Instruction; and 
nineteen Eegents. 



62 STATE. 

TERMS OF OFFICE. 

For hoio long a term are the Governor and Lieutenant- Governor 
elected ? 

For 3 years. 

For liow long a term are the Sec. of State, Comp. y Treas., Atty. 
Gen., and State Eng. and Surveyor elected! 

For 2 years. 

For how long a term are the Superintendents of Banking and 
Insurance appointed f 

For 3 years. 

For how long a term are the Superintendent of Prisons and Rail- 
road Commissioners appointed ? 

For 5 years. 

For how long a tei m is the Superintendent of Public Works ap- 
pointed f 

As long as the term of the Governor appointing him 
lasts. 

For how long a term are the Superintendent of Public Instruction 
xnd State Assessors appointed f 

For 3 years. 

For hoio long a term the Regents of the University ? 

For life. 

ELIGIBILITY. 

What about the Eligibility of these officers? 

The Governor and Lieutenant Governor must be 30 
years of age, and must have been for the 5 years next 
preceding their election residents of the State. 

DUTIES. 
Whut are some of tlie Duties of tJie Governor? 



DUTIES OF STATE OFFICERS. 6b 

He is commander-in-chief of all the military and 
naval forces of the State; has power to convene the Leg- 
islature (or Senate only) on extraordinary occasions; 
communicates by message to the Legislature at every 
session the condition of the State, and recommends such 
measures as he deems expedient; transacts all necessary 
business with the officers of the government, civil and 
military; expedites all measures resolved upon by the 
Legislature; takes care that the laws are faithfully exe- 
cuted; and has the power of granting reprieves, com- 
mutations and pardons for crime. 

What are some of the duties of the Lieutenant Governoi % ? 

He is President of the Senate and has the casting 
vote therein; is a member of the Canal Board; is one of 
the commissioners of the Land Office; is one of the 
commissioners of the Canal Fund; is one of the trustees 
of the Capitol; is one of the trustees of the Idiot Asylum; 
and, ex-officio, one of the Eegents of the University, 
and member of the State Board of Charities. If the 
Governor dies, resigns, is impeached, or otherwise be- 
comes unable to discharge the powers and duties of his 
office, they devolve upon the Lieutenant Governor for 
the residue of the term. 

What are some of the duties of tlie Secretary of State ? 

He is the keeper of the record books and papers be- 
longing to the State; receives and records all pardons, 
and other executive and legislative acts, election returns, 
etc. ; furnishes certified and printed copies to the United 
States, State and County officers, and other persons au- 
thorized to receive the same; supervises the printing of 
the laws passed each year; reports annually to the Leg- 



64 STATE. 

islature statistics of pauperism and crime, and other in- 
formation called for. He is a member of the Canal 
Board, a commissioner of the Land Office, a member of 
the Board of State Canvassers and of the Board of State 
Charities, a Eegent of the University, a trustee of the 
Capitol, of the State Hall, and of the Idiot Asylum. 

What are same of the duties of the Comptroller? 

He superintends and manages the fiscal concerns of 
the State; reports to the Legislature its annual revenues, 
expenditures and estimates; audits, examines and set- 
tles accounts due to or from the State; directs and sup- 
erintends the collection of taxes and other moneys; 
draws warrants on the Treasurer for the payment of 
debts due by the State; negotiates temporary loans, if 
necessary to meet the demands against the State; coun- 
tersigns and registers all Treasurer's checks and receipts. 
He is a member of the Canal Board, a commissioner of 
the Land Office and of the Canal Fund, a member of 
the Board of State Canvassers, a trustee of the Capitol, 
the State Hall and the Idiot Asylum, and a member of 
the State Board of Charities. 

What are some of the duties of the Treasurer? 

He has charge of all the moneys paid into the State 
Treasury; pays drafts upon the warrants of the Comp- 
troller, the Auditor of the Canal Department and the 
Superintendent of the Bank Department; and keeps the 
State's Bank account. He is commissioner of the 
Land Office, and of the Canal Fund, a member of the 
Canal Board, and of the Board of State Canvassers. 

What are some of tlw duties of the Attorney General ? 

He defends and prosecutes all suits in which the State 



DUTIES OF STATE OFFICERS 65 

is interested; receives costs adjudged to the State; pre- 
pares drafts of contracts, etc., for State officers, and 
prosecutes in their behalf persons violating the laws in 
regard to their departments; prosecutes criminals in 
the Oyer and Terminer Court when required by the Gov- 
ernor or Justices of the Supreme Court. He is commis- 
sioner of the Land Office and of the Canal Fund, a 
member of the Canal Board, the Board of State Can- 
vassers, the Board of State Charities, and a trustee of 
the Capitol and State Hall. 

Wliat are some of the duties of the State Engineer and Surveyor? 

He prescribes the duties of and assigns divisions of 
canals to, engineers; visits and inspects canals; pre- 
scribes surveys, maps, plans, estimates, etc., in the con- 
struction and improvement of a canal; is a member of 
the Canal Board, of the State Canvassers, a commis- 
sioner of the Land Office, and a trustee of the State Hall. 

What are some of tlie duties of the Superintendent of Banking? 

He has the general supervision of the banks of the 
State, and reports their condition annually to the Leg- 
islature; issues circulating notes to banks on their de- 
positing securities, holding their stocks and mortgage 
securities, and when a bank proves insolvent sells them 
and redeems its circulation. 

What are some of the duties of the Superintendent of Insurance? 

He has the general supervision of all insurance com- 
panies transacting business in the State, and reports 
their condition annually to the Legislature. 

What are some of the duties of the Board of Claims ? 

Two of the three members must be practising attor- 
neys and counselors in the Supreme Court. They have 



60 STATE. 

jurisdiction to hear, audit, and determine all private 
claims against the State; and also the claims of the 
State against any person making a claim against the 
State; and make an award thereof. 

What are some of the duties of the Superintendent of Prisons? 
He has general supervision of the prisons; appoints 
the keepers and other officers therein. 

What are some of the duties of the Superintendent of Public 
Works? 

He has charge of the Public "Works, of the construc- 
tion of new canals, etc. ; reports annually to the Legis- 
lature. 

What are some of the duties of the Superintendent of Public 
Instruction f 

He has general superintendence of the public schools; 
inquires into their management; advises and directs in 
regard to their course of instruction and discipline. 
He apportions and distributes the public moneys; ex- 
amines the supplementary apportionment made to all 
the districts by the school commissioners, and sees that 
to each district is set apart its proportionate share, and 
that the same is expended by the trustees and paid by 
the supervisor according to law. He decides all appeals 
involving school controversies that are brought before 
him; has the general management of teachers* insti- 
tutes; makes appointments of State pupils to the insti- 
tutions for the instruction of the deaf and dumb, and 
the blind, upon the certificate of the proper local au- 
thorities, and he visits and inquires into the condition 
and management of these institutions; is chairman of 
the committee of the State Normal Schools, and appor- 



THE EAILKOAD COMMISSION. 67 

tions among the counties the number of pupils to which 
each is entitled; has charge of the Indian schools; is, 
ex-officio, a Kegent of the University; compiles the com- 
missioners' abstracts of school districts in the State, set- 
ting forth their condition and the account of receipts 
and expenses for each year; and makes an annual report 
to the Legislature. 

Of what officers is the Canal Board composed ? 

The Lieutenant Governor, Secretary of State, Comp- 
troller, Treasurer, Attorney General, State Engineer 
and Surveyor, and Canal Superintendent. 

What is the Railroad Commission ? 

I. The Governor and Senate appoint three persons 
who are called Commissioners. One is selected from 
each of the two political parties having the highest 
number of votes at the election in 1882. The other, 
upon a recommendation of a majority of the following 
named: " Chamber of Commerce of the State of New 
York"; " The New York Board of Trade and Trans- 
portation"; "The National Anti-Monopoly League of 
New York." 

They hold their offices for 5 years. 

II. Their principal office is in Albany, and they meet 
there at least once each month during the year. 

III. They have general supervision over all the rail- 
roads; investigate the cause of any accident resulting in 
loss of life; examine books, suggest changes in regard 
to management, rates, transportation of freight, etc. 
If their suggestions are not complied with, they report 
the same to the Attorney General, and also to the Leg- 
islature. 



68 STATE. 

What are the Salaries of these officers f 
They are as follows : 

Governor $10,000 

Lieutenant Governor 5,000 

Secretary of State 5,000 

Comptroller 6,000 

Treasurer 5,000 

Attorney General 5,000 

State Engineer and Surveyor 5,000 

Superintendent of Banking 5,000 

Superintendent of Insurance 7,000 

Superintendent of Prisons 6,000 

Superintendent of Public Works 6,000 

State Assessors 2,500 

Board of Claims 5,000 

Superintendent of Public Instruction 5,000 

STATE CANVASSERS. 
Who are the State Canvassers f 

The Secretary of State,, Comptroller, Treasurer, At- 
torney General, and State Engineer and Surveyor. 

STATE ASSESSORS. 

What are some of the duties of the State Assessors ? 

The State Assessors with the Commissioners of the 
Land Office (see p. 175) constitute the Board of Equal- 
ization, whose duties are to equalize the State tax among 
the several counties, and to fix the amount of assess- 
ment of real and personal estate on which the State tax 
shall be levied on each county. 

The State Assessors have power to subpoena witnesses, 
compel their attendance, and examine them under oath 
in the same manner as though such subpoena had issued 
from a court of record of this State ; and all State, 
county, city, and town officials must furnish them with 
all information belonging to or connected with their 
respective offices, which the assessors may require of 
them in the proper discharge of their duties. 



IT. S. SENATORS FROM KEW YORK. 69 

Who was Governor, as well as the great mover in building the Erie 
Canal ¥ When commenced and when finished? 

Note l.—The Erie Canal was contemplated and an act passed by the 
Legislature, in 1817, for its construction. It was built by sections; the first 
being completed between Rome and Utica. The first boat passed between 
those places in 1819, carrying Governor Clinton, Chancellor Livingston, Gen- 
eral Van Rensselaer, and other distinguished citizens who had been instru- 
mental in its construction. 

Its original cost was $8,000,000 and it was finished in 1825. The first flo- 
tilla of boats left Buffalo, October 26, of that year. It arrived at New York, 
November 4, and was received by a large concourse of people, who pro- 
ceeded to a place near Sandy Hook, where Governor Clinton poured into 
the briny deep a keg of fresh water which had been brought from Lake Erie, 
thus signalizing the marriage of the great lakes with the Atlantic Ocean. 

It was enlarged and completed in 1862, at an additional expense of 
$32,000,000: the total cost being $40,000,000. 

Note 2.— 17. S. Senators from New York.— In the Constitution of the 
United States, Article 1, Section 3, Clause 2, the classification of the Senators 
in the First Cong? , ess, their term of office, etc., is fully stated, but the man- 
mr of their classification is more fully explained on page 106. The table on 
page ix gives the names and date of election or appointment of all the Sen- 
ators from this State, from 1789 to the present time, and will be very con- 
venient for reference. 

Philip Schuyler was drawn in the first class, and Rufus King in the third 
class; consequently Philip Schuyler's first term was two years, and Rufus 
King's first term was six years. 

The star at the left hand of a date indicates the close and commence- 
ment of a full term after the expiration of the first term. The names between 
the stars represent Senators who have been appointed by Governors during 
a vacation of the Legislature, or those who have resigned or were appointed 
or elected to fill vacancies. 

The full term always commences March 4, and in odd years. 

Martin Van Buren, Wm. L. Marcy, and Silas Wright resigned their Sena* 
torial office upon being elected to the office of Governor of the State. 

QUESTIONS. 

How many of the Senators from New York served a full term or 
\nore f 

Who were' the first and who are the present Senators? 

Who were in the Senate from this State at the lime of tlie war 
with England ? the war icith Mexico ? the Civil War ? 

Who were in the Senate from this State at ths time of the Louisi- 
ana Purchase? the Florida Purchase? the Annexation of Texas? 



70 STATE. 

the acquisition of California ? the acquisition of New Mexico ? the 

Gadsden Purchase f the purchase of Alaska f 

Note.— Multiply questions in which these officials have been connected 
with the great events of this country. 

ELECTIONS. 

How can Officers be Changed ? 

Officers can be changed at the close of their official 

terms by the same power that made them officers. 

I. Elective officers can be changed by the will of the legal voters ex- 
pressed in their ballot. 

II. Appointive officers can be changed by the person who appointed 
them, or by his successor in office. 

III. Officers can be removed by impeachment, or for misconduct or mal- 
feasance in office. 

EXAMPLES. 

I. School district officers can be changed by a majority or plurality vote, 
at an annual school meeting, as soon as their terms of office expire. 

II. Town officers can be changed by majority or plurality vote, at an 
annual town meeting, preceding the close of their terms of office. 

III. County and State officers can be changed by a majority or plurality 
vote at the annual election preceding the close of their term of office. 

MAJORITY AND PLURALITY. 

What is meant by Majority and Plurality in an election ? 

When two candidates only are being voted for, for 
the same office, the person having more than one-half 
of the votes has a majority : when three persons or 
more are being voted for, for the same office, the person 
having the greatest number of votes has a plurality.* 

Majority means more than one-half. 

Plurality means more than anyone else. 

Note. 1.— At the Presidential election in 1884, Mr. Cleveland received 
4,874,118 votes ; Mr. Blaine received 4,&49,850 votes ; Mr. Butler, 184,948 votes ; 
Mr. St. John 149,326 votes. Mr. Cleveland received a plurality of the popu- 
lar vote, and a majority of the electoral vote. A majority of the electoral 
vote is required to elect a president,— without it the election goes to the 
House of Representatives. See the elections of 1801 and 1825, p. vi. 

* A candidate may have a majority over two or more opponents. 



HOW NEW STATES ARE MADE. 71 

Note 2.— In New York a plurality vote elects m State, county, town, and 
district. 

At the State election in 1885, Mr. Hill, for Governor, received 501,465 
votes; Mr. Davenport received 490,331 votes; Mr. Bascom, 30,867 votes, Mr. 
Hill received a, plurality of the votes, and was elected. 

TOWN" MEETINGS AND ELECIONS. 

When are Town Meetings held in New York f 

Between the first Tuesday in February and the first 
Tuesday in May, as required by statute law: the day is 
named by the board of supervisors. See page 16. 

When is the New York State election held ? 

On the Tuesday following the first Monday in No- 
vember in each year; twenty-three other States hold 
their annual elections on that day. 

When is the Presidential election held ? 

The Presidential election is held every Leap Year, 
in all the States, on the Tuesday following the first 
Monday in November. 

Note.— Congress enacted a law, January, 1845, declaring that the Presi- 
dential election should be held in all the States, on the Tuesday following 
the first Monday in November, in the year in which a President is to be 
elected. 

NEW STATES. 
How are States admitted into the Union ? 

I. New States are usually made from Territories, and 
are admitted by an act of Congress. 

II. Territories may or may not have the number of 
inhabitants which constitutes the ratio for one Kepre- 
sentative (at present 154,000). Congress has not always 
required it lor admission. 

III. A Territory adopts its own State constitution, 
and when admitted comes in under that constitution. 



72 STATE. 

IV. "West Virginia was not a Territory; but the in- 
habitants of forty counties in the nerth-western part 
of Virginia repudiated the secession convention, held 
at Kichmond, and organized a government of their 
own. They adopted a constitution, and this district 
was admitted by Congress as a State in 1862. 

TERRITORIES. 
What can you say about Territories f 

I. Territories are organized by an act of Congress, 
defining their boundaries. 

II. The chief executive officers are a Governor and a 
Secretary, appointed by the President with the consent 
of the Senate, for a term of four years. 

III. An Auditor, Treasurer, and Superintendent of 
Common Schools, are elected by the Territorial Legis- 
lature for two years. 

IV. The Legislature consists of a Council and House 
of Eepresentatives, elected by the people, by districts, 
for two years, and their sessions are usually biennial. f 

V. The Judicial power is vested in a Supreme Court, 
District Courts, Probate Courts, and Justices of the 
Peace. 

VI. Each Territory is divided into three judicial 
districts, and the Supreme Court thereof consists of 
a Chief Justice and two associates, appointed by the 
President for a term of four years; its jurisdiction is 
appellate, 

VII. A District Court with general original jurisdic- 
tion is held in each judicial district in a Territory by a 
Justice of the Supreme Court. 

VIII. There is a Probate Court for each county, the 



DISTBICT OF COLUMBIA. 73 

judges being elected by the people for a term of two 
years. 

IX. Justices of the Peace are elected, and have juris- 
diction oyer minor cases. 

X. Delegates to Congress are elected by the voters of 
the Territory, and serye during a Congress, but haye no 
yote. See page 105. 

SALARIES. 

Governor $3,500 

Secretary 3,000 

Chief Justice 3,000 

Associate Justices 3,000 

Delegate to Congress 5,000 

DISTRICT OF COLUMBIA. 
What can you say about the District of Columbia ? 

I. The Constitution confers upon Congress the exclu- 
sive legislative control of the District. See page 136. 

II. The people have no voice in the election of pres- 
idential electors. 

III. By a law of Congress in 1874, the Executive, 
Legislative, and Public Works Departments, and the of- 
fice of Delegate to Congress were abolished. 

IV. By the same law an office (to be administered by 
three Commissioners appointed by the President and 
Senate) was created, giving the Commissioners authori- 
ty to abolish any office, consolidate two or more offices, 
remove from and make appointments to office. 

V. By the same law the municipalities of Georgetown 
and "Washington were abolished, which suppressed the 
elective franchise throughout the district. 

VI. The Supreme Court of the District of Columbia 
consists of one Chief Justice and five associates, ap- 



74 STATE. 

pointed by the President and Senate, holding their of- 
fice during good behavior. 

VII. The Supreme Court has general origi7ial juris- 
diction in law and equity. 

VIII. The General Term held by all the Justices of 
the Supreme Court of the District, or a majority of 
them, hears appeals and writs of error from determina- 
tions of a single Justice of the Supreme Court. 

IX. Any one Justice may hold a Special Term. 

SALAKIES. 

Commissioners $3,000 

Chief Justice 4,500 

Associate Justices 4,000 



JUDICIARY. 

JURIES. 
What is a Jury f 

A body of men selected according to law, and sworn 
to inquire into and try any matter of fact, and declare 
the truth of it on the evidence given in the case. 

Name some Juries ? 

I. One of 6 persons for the trial of causes in a Justice's 
Court. 

II. One of 12 persons, summoned for the purpose of 
laying out new roads or discontinuing old ones. 

III. One of not less than 6 nor more than 15 persons, 
summoned by the coroner, to inquire into the cause of 
any violent death. 

IV. One of 12 men, called a Trial Jury, whose duty 
it is to try causes, civil or criminal, in the county court 
and sessions, or circuit and oyer and terminer. 

V. One called a Grand Jury, of not less than 16 nor 
more than 23, whose duty it is to examine into accusa- 
tions against persons charged with crime, and if they 
find sufficient testimony to warrant it, to find a bill of 
indictment against them to be presented to the court. 

What Qualifications are requisite for jurors? 
They must be freeholders, 21 years old. 
Who are E tempt from sitting on a jury f 
Persons over 60 years of age, postmasters, and many 
others. 



76 JUDICIARY. 

How many are summoned for a Justice's Court and by whom? 

A constable summons 12 ; and from these 6 are drawn. 

Who selects and notifies the jury for laying out Roads, etc. ? 

The town clerk draws a jury, and the constable noti- 
fies them. 

By whom is the Coroner's Jury made out and summoned? 

By the coroner. 

How is the Trial Jury list obtained ? 

The supervisor, town clerk, and assessors of the 
several towns of the county make out a list of the 
names of those persons qualified, and the names in the 
several lists are written upon slips of paper of the same 
size and deposited in a box in the county clerk's office. 

How is the Grand Jury list obtained ? 

The supervisors apportion the number (300) among 
the several towns in the county in proportion to popu- 
lation. Each supervisor selects from his town the num- 
ber to which it is entitled ; and these several lists are 
written upon slips of paper as before and deposited in a 
box in the county clerk's office. 

How frequently are the lists changed ? 

The trial jury list is changed once in three years ; the 
grand jury list every year. 

When are these juries drawn? 

Not more than 20, nor less than 14 days before the 
sitting of the court for which they are drawn e 

How many are drawn? 

36 trial and 24 grand jurors. 

How Is the jui^y for each individual case obtained? 

The 36 trial juror's names are put into a box and the 



GRAND JURY. 77 

names are drawn out until 12 satisfactory persons are 
obtained. 

How many of this jury must Agree in a verdict ? 

The twelve must agree. 

WJio is the Officer authorized to report tlie verdict ? 

The person they have elected foreman. 

In case tlie twelve jurymen do not Agree, what will be done? 

When the judge is satisfied that the jury will not 
agree, he will discharge them. 

What will be done with the case tlien ? 

Another trial will take place with a different jury, 
unless the suit be discontinued. 

Who is the Presiding Officer of the Grand Jury ? 

The Foreman, appointed by the judge presiding at 
that court. 

What other Officer does this jury have? 

A Clerk, one of their number, who writes out the tes- 
timony as it is given. 

Wlw can be present with this jury ? 

Only the witness who is being examined, and the 
district attorney, if desired by the jury; but none ex- 
cept jurors can be present when they ballot in regard to 
a bill. 

What is done with a Bill of Indictment when found? 

It is handed over to the court, and the sheriff will 
cause the arrest of the person unless he be already in 
custody. 

STRUCK JURY. 
What courts may order a St7*uck Jury ? 
The Supreme Court and superior city courts. 



78 JUDICIARY. 

When may the above-named courts order a struck jury? 

When it shall appear that an impartial trial cannot 
be had, or that the intricacy of the case requires such a 
jury. 

What Time is required in the notice for striking a jury? 

The party obtaining the order shall give notice eight 
days before the time for striking, that he will attend be- 
fore the clerk of the county in which the venue is laid, 
for the purpose of having such jury struck. 

Notes.— I. The clerk shall select from the jury lists of the several towns 
the names of 48 persons, whom he shall deem most indifferent between the 
parties, and best qualified to try the cause. 

II. The party or his attorney, on whose application the order was 
granted, shall first strike one from the list, and then the opposing party or 
agent, alternating, until 12 shall have been stricken from the list by each 
party. 

III. The clerk shall certify the names of the 24 persons whose names 
have not been stricken off, who shall be summoned, and from which num- 
ber a jury shall be impanelled as in other juries. 

STATE COURTS. 

A tabular view of the judiciary of the State, com- 
mencing with the lowest courts and showing them in 
their regular order, leaving out such as are established 
for particular localities. 

I. Justice's Court. 

"■ <*?■* \ 1: S„ J 8 0o " rt - 

f 1. Circuit. 

TrT a J 2. Oyer and Terminer. 

III. Supreme -j g s ^ ecial Term> 

[ 4. General Term. 

IV. Court of Appeals. 



county court. 79 

justice's court. 

What is the Loicest Court in the State ? 
A Justice's Court, held in each town by one of the 
Justices of the Peace. 

What Jurisdiction has this court? 

Original; that is, suits can be commenced in it, and 
tried in it. 

Jn a civil action hoic large a Judgment can be obtained f 

Not to exceed $200. 

Can CHminal Suits be tried in a Justice Court ? 

Some can be tried in it; but usually the parties give 
bail for their appearance at a higher court to await the 
action of the Grand Jury. 

COUNTY COURT. 

What is the next higher court ? 

The County Court. 

What are its Divisons? 

County Court and Court of Sessions. 

For what Causes are each designed ? 

The County Court is for the trial of civil causes, the 
Sessions for the trial of criminal causes, but not of the 
higher crimes. 

What Jurisdiction has the County Court? 
Original and Appellate: that is a suit may be com- 
menced in it, or it may be appealed from a lower court. 

What Jurisdiction has the Court of Sessions? 
Original: no person who is charged with a crime can 
be tried in it until he is indicted by a Grand Jury. 



80 JUDICIARY. 

Who presides in the County Court ? 

The County Judge. 

Who presides in the Court of Sessions ? 

The County Judge and the two Justices of Sessions. 

May both of the courts be held in the same term ? 

They may; As soon as a cause has been tried in one 
court the Judge may change to the other, and should it 
be the Sessions, the Justices of the Sessions must be on 
the bench with the Judge; should it be the County 
Court, he alone is the court. 

What Jury decides causes tried either in the Sessions or County 
Court ? 

The Trial Jury, consisting of twelve men. 

SUPREME COURT. 

What is the next higher court f 

The Supreme Court. 
„ What are its Divisions ? 

The Circuit, Oyer and Terminer, Special Term, and 
General Term. 

For judicial convenience the State lias been divided into how many 
Districts? 

Into 8 Judicial Districts, numbered from one "to eight 
inclusive. 

What are the Officers called in this court t 

Justices of the Supreme Court. 

How Many are elected in each district? 

7 in the first; 6 each in the second, fifth, seventh, and 
eighth; 5 each in the third, fourth, and sixth. 46 in 
all. 



GENERAL TERM. 81 

For hoio long a Term are these Justices elected ? 
For 14 years. Salary $6,000, and an annual allow- 
ance for expenses. 

What constitutional provision in regard to Eligibility ? 
They cannot hold the office longer than the last day 
of December next after they shall be 70 years of age. 

What are some of their Duties! 

To preside and try causes in the Circuit, Oyer and 
Terminer, and also hear appeals in the Special Term; 
and when appointed Justices of the General Term to 
hear and decide appeals there. 

SPECIAL TERM. 

What is a Special Term ? 

A court held by one of the Supreme Court Justices 
in the district, simply for hearing and deciding motions 
and appeals. 

GENERAL TERM. 

What is the General Term Court ; and how many are there in 
the State? 

It is a court for hearing Appeals. It consists of a 
single district, or a union of several districts. There 
are five in the State, organized by act of the Legislature. 

What is the territory embraced in the jurisdiction of a General 
Term called f 

It is usually called a Department and is numbered. 

See Table, page xi. 
How many Counties in each of the Districts? 

I djst., 1 county. V dist., 6 counties. 

II " 9 counties. VI " 10 

III " 7 « VII " 8 

IV " 11 " VIII " 8 



82 JUDICIAEY. 

How many Counties in each of the Departments ? 

I dep% 1 county. VI dep't 16 counties. 

II " 9 counties. V " 16 

III « 18 " 

How many Justices constitute the General Term Court, or tlie 
court held in and for the Department? 

3 in each department. 

Where do these Justices come from? 

They are appointed by the Governor, from the Su- 
preme Court Justices that have been previously elected 
by the people. 

Must these Judges be taken from their respective Departments? 

Not necessarily; they may be transferred from another 
department; as for instance, a Justice from Buffalo in 
the Fifth Department has been transferred to the First 
Department. 

Hoio many Supreme Court Justices are elected in the territory 
covered by each Department? 

I dep% 7 justices. IV dep't 11 justices. 

II « 6 "« V " 12 

III " 10 « 

COURT OF APPEALS. 
Of what does the Court of Appeals consist ? 

Of 7 Judges, elected by the electors of the whole 
State for a term of 14 years; one of their number is 
called a Chief Judge; they cannot hold the office after 
they are 70 years old. The salary of the Chief Judge 
is $10,500; of the Associate Judges, $10,000. 

Note.— For list of the Judges, see table, page yiii. 



COURT OF APPEALS. 83 

What Jurisdiction has the Court of Appeals? 

Appellate only. 

State Iwio Appeals may be taken from one court to another ? 

The party aggrieved may appeal from a Justice's Court 
to a County Court; from County Court to Special Term; 
from Special Term to General Term; from General 
Term to Court of Appeals. 

What may these Courts do f 

They may affirm decisions made by the lower courts, 
or reverse decisions, or grant new trials. 

ILLUSTRATION". 

In what court must a person charged with the crime of Murder 
be tried f 

In the Oyer and Terminer, or in some court having 
the same jurisdiction. 

What Privilege has the prisoner if convicted f 
He has the right to appeal to the Justice holding a 
Special Term, asking for a new trial. 

Slwuld this Justice refuse to grant it, what further can he do t 
Appeal to the General Term. 
If the General Term refuse, what then? 
It can be taken to the Court of Appeals. 
If the Court of Appeals refuse to grant a new trial, what tlien? 
The decision of the Oyer and Terminer must be car- 
ried out unless the Governor interferes. 

In case the penalty be Death and the day for execution has passed, 
what then t 

The prisoner must be re-sentenced by the judge that 
presided at the trial. 



84 JUDICIARY. 

In case either of the Appellate Courts grants a new trial, what is 

to be done f 

The cause will be tried in the same court, or, in one 
having the same jurisdiction, but before a different jury. 

How are Civil Causes managed on appeal ? 
In the same way, only that court may affirm or reverse 
decisions as well as grant new trials. 

UNITED STATES COURTS. 

In what respect are the State Courts and National Courts sim- 
ilar? 

Each has a Supreme and Circuit court. 

What are the names applied to United States Courts? 

The Constitution of the United States calls them In- 
ferior Courts, and one Supreme Court. The Inferior 
Courts are the Circuit and District Courts. The terri- 
tory of each is defined by Congress. 

A TABULAE VIEW OF UNITED STATES COURTS. 

T T « . (1. District Courts. 

I. Inferior, -j ^ Circuit Courts> 

II. Supreme. 

How many District Courts are there at present ? 
There are 65, 56 of them being in the States, and 9 
of them in the Territories. 

What is the largest number of Districts into which any State is 
divided ? 

Three: Ala., N. Y., and Tenn. have 3 districts each; 
Ark., Fla., 111., Mich., Miss., Mo., N. C, Ohio, Penn., 
Tex., Va., and Wis. have 2 districts each, and the re- 
maining States and Territories 1 each. 



SUPREME COURT. 85 

What Officers in the District Court ? 

One District Judge, a District Attorney, Assistant 
District Attorneys, a Marshal, a Clerk, and a large 
number of Deputy Marshals; and also Eegisters in 
Bankruptcy. 

What Jurisdiction has a District Court? 

Original jurisdiction. 

What are the Salaries of the District Judges ? 

$4,000 each. 

What does the Territory of several districts constitute t 

A Circuit. 

How many Circuits are there ? 

Mne, each presided oyer by a Circuit Judge, 

What Jurisdiction has the Circuit Court ? 

Original jurisdiction. 

What are the Salaries of the Circuit Judges? 

$6,000 each. 

SUPREME COURT. 

What Territory is embraced in the jurisdiction of the Supreme 
Court? 

The whole of the United States. 
Hoic many Judges constitute the Supreme Court? 
9 judges; corresponding with the number of the Cir- 
cuits. 

Note.— For list of them,. see Table, page xi. 

When does the Supreme Court meet ? 

The second Monday in October,, at Washington, and 
holds one term annually. 



86 JUDICIARY. 

What is its Jurisdiction f 

Principally Appellate; it has original jurisdiction in 
a few cases, as mentioned in the Constitution. 

By whom are all these judges Appointed? 
By the President and Senate. 
What is the Salary of the Supreme Court Judges f 
The Chief Justice receives $10,500. Associates re- 
ceive $10,000. 

For how long a Term are all these judges appointed? 
They hold the office for life, or during good behavior, 
or until they resign. 

COURT OF CLAIMS. 
What is the Court of Claims f 

I. The Court of Claims consists of a Chief Justice and 
4 Associate Justices, appointed by the President and 
Senate, and holding their office during good behavior. 
The salaries of Chief Justice and of Associate Justices 
are $-1,500 each. 

II. It has authority to hear and determine all claims 
against the United States, founded upon any law of 
Congress or regulation of the executive department. 

III. And upon any contract with the government, 
expressed or implied, and all claims which may be re- 
ferred to it by Congress. 

IV. Also all set-ofis, counter claims, claims for dam- 
ages, or other demands whatsoever on the part of the 
government against any person making claim against 
the government in this court. 

For fuller details as to the Judiciary, see Pierce's Judiciary of New York 
State, price 25 cts. 



THE UNITED STATES. 

PBESIDEOTIAL ELECTIONS. 

. Under how many heads may this topic he treated? 
Two: the first being the manner pursued by the polit- 
ical parties for nominating* candidates; the second, the 
constitutional provisions for electing them. 

U Eh. 2 I. Calling of a National Convention. 
3 <+h ~£ II. Calling of State Conventions. 
,§°ft<j III. Calling of County or Assembly District 
"go^ Conventions. 

Ph "~g "43 IV. Calling of Town Caucuses. 

By whom is the National Convention called f 

By a National Committee appointed at the last Na- 
tional Convention, or the one held four years before. 

By whom is tlie State Convention called f 

By a State Committee, appointed at the State Con- 
vention held the year before. 

By whom is the County or Assembly District Convention called f 
By a County or District Committee, appointed at a 
previous convention. 

By ichom is a Town Caucus called? 

By a Town Committee, appointed at a previous meet- 
ing. 

Which meeting is held first ? 

The Town Caucus, where" delegates areTelected to at- 
tend a County or Assembly District Convention/ 



88 THE UNITED STATES. 

Which Convention is next held f 

The County or Assembly District Convention, where 
delegates are elected to attend the State Convention. 

Which Convention is next held? 

The State Convention, where delegates are elected to 
attend the National Convention. 

What Convention is next held ? 

The National Convention. The delegates then and 
there assembled nominate candidates for the offices of 
President and Vice-President; and adopt their political 
platform. 

When do these conventions just named take place? 
Once in four years, in the months of April, May, 
June, preceding preceding the presidential election. 

I. State Convention for nominating the Elec- 
tors for President and Vice-President. 

II. Voting for these Electors at the annual 
elections. 

When does the State Convention for nominating the Electors 
meet? 

At a time when it is convenient to nominate State 
officers: usually in August or September. 

To how many Electors is each State entitled? 

To as many as it has Eepresentatives and Senators. 
Tor instance, New York has 34 Eepresentatives in the 
House, and 2 Senators; therefore New York is entitled 
to 36 electoral votes Colorado has 1 Eepresentative, 
and 2 Senators, and is entitled to 3 electoral votes. 



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PRESIDENTIAL ELECTIONS. 89 

How are these Electors distributed about the State? 
One Elector is elected for each Congressional District ; 
the two others are called Electors at Large, and are se- 
lected from any part of the State. 

What must each political party do that it may get its candidates 
before the people ? 

It must have its conventions and nominate the re- 
quired number of electors. 

What are these Electors intended to represent? 

The views of the party nominating them. 

How frequently, and when, is a Presidential election held? 

Once in four years, on the Tuesday following the first 
Monday in November, throughout all the States. 

What must each voter do, in the State of New York, that he may 
cast a ballot for President and Vice-President ? 

He must hand to the inspectors of election a ballot 
upon which is printed the names of the 36 electors. 

By whom are these votes to be Canvassed (or counted) ? 

By the same officers that canvass other votes. In 
New York State the inspectors of election canvass for 
their respective election districts, and certify the same 
to the Board of County Canvassers ; the County Canvas- 
sers canvass for counties, and certify to the State Can- 
vassers ; the State Canvassers canvass for the State ; 
and the Executive authority of each State causes three 
lists of the Electors of such State to be made and certi- 
fied and delivered to the said Electors, on or before the 
second Monday in January. 

MEETING OF PRESIDENTIAL ELECTORS. 
What must the Electors that have been declared elected then do ? 
I. They must meet on the second Monday in Janu- 
ary succeeding their election, at such place in each 



90 THE UNITED STATES. 

State as the Legislature thereof shall designate (usually 
the capital), and must vote for President and Vice-Pres- 
ident, one of whom shall not be an inhabitant of the 
same State with themselves. 

II. The Electors must make and sign three certificates 
of all the votes by them given for President and Vice- 
President, annexing to each a certificate of the Electors 
furnished by the authority of the Executive. 

III. These certificates must be sealed, certifying, on 
the outside of each, that there is contained therein a list 
of the votes of such State for President and Vice-Presi- 
dent. 

IV. A person duly appointed by the Electors, or a 
majority of them, must take charge of and deliver one 
of these certificates to the President of the Senate, at 
the seat of government. 

V. The second certificate must be forwarded through 
the mails to the President of the Senate, at the seat of 
government. 

VI. The third certificate must be delivered to the 
Judge of the District Court in which the electors as- 
semble. 

OPENING AND COUNTING THE ELECTOKAL VOTES. 

When and by whom must these Certificates be opened? 

On the second Wednesday in February the President 
of the Senate, in the presence of the Senate and House 
of Representatives, must open these certificates, and the 
votes must then be counted. The person having the 
greatest number of votes, if that number be a majority, 
shall be the President; and the person having the 
greatest number of votes for Vice-President, if that 
number be a majority, shall be Vice-President. 



IJCST CASE OF NO DECISION BY ELECTORAL VOTE. 91 

Who must count the votes t 

Tellers appointed for that purpose by the House and 

Senate. 

In case neither candidate for the presidency has a Majority of all 
the electoral votes cast, what must be done f 

The election goes to the House of Eepresentatives. 

ELECTION BY THE HOUSE OF REPRESENTATIVES. 
How does this Election take place f 

I. Two-thirds of the States must be represented to 
constitute a quorum. 

II. The candidates must be those already voted for, 
and must be confined to those receiving the highest 
number, not exceeding three. 

III. Each State is entitled to only one vote: and it 
will be cast according to the wishes of a majority of the 
members in the House from that State. If, for instance, 
a State has 15 members, 8 belonging to one party, and 
7 to another, the 8, being a majority, will, if agreed, 
cast the one vote; the minority having no voice in the 
election. Should there be an even number of members 
from any State, and should they be equally divided be- 
tween two candidates, there might be one-half vote for 
each candidate. 

In case of a Failure on the part of the House of Representatives 
to elect a President before the Ifth of March, what then f 

The Vice-President must act as President. 

ELECTION OF VICE-PRESIDENT BY THE SENATE. 
Can the Senate ever elect a Vice President? 
Yes, when the people have failed to elect a Vice-Pres- 
ident, then the Senate must elect. 



92 THE UNITED STATES. 

How is this done f 

I. Two-thirds of all the Senators constitute a quorum^ 

II. The Senate must vote for the two persons who 
received the highest number of votes for Vice-President. 

III. A majority of all the members elected to the 
Senate is necessary to a choice. 

IV. Should there be a tie in the 'Senate, the Vice- 
President may give the casting vote. 

V. Should the Vice-President have succeeded to the 
presidency, or have vacated his office, and the President 
pro tern, (a Senator) preside, in that case there might 
be a tie, and no election reached. 

THE PRESIDENTIAL SUCCESSION. 

What are the provisions for filling the office of President when 
Vacant ? 

In case of the removal, death, resignation, or inability 
of a President to discharge the powers and duties of the 
said office, the same shall devolve upon the Vice-Presi- 
dent. 

II. In case of the removal, death, resignation, or ina- 
bility of both the President and Vice-President of the 
United States, the duties of said office shall devolve 
upon the Cabinet officers in the following order: 

1. Secretary of State; if there be none, then on the 

2. Secretary of the Treasury; if there be none, then 
on the 

3. Secretary of War; if there be none, then on the 

4. Attorney General; if there be none, then on the 

5. Postmaster General; if there be none, then on the 

6. Secretary of the Navy; if there be none, then on 
the 



THE PRESIDENTIAL SUCCESSION. 93 

7. Secretary of the Interior: until the disability of 
the President or Vice-President is removed or a Presi- 
dent shall be elected. 

III. Provided, That whenever the powers and duties 
of the office of President or Vice-President shall devolve 
upon any of the Cabinet officers, if Congress be not then, 
in session, or if it would not meet in accordance with 
law within twenty days thereafter, it shall be the duty 
of the person upon whom said powers and duties shall 
devolve to issue a proclamation convening Congress in 
extraordinary session, giving twenty days' notice of the 
time of meeting. 

IV. Cabinet officers to be eligible must have been ap- 
pointed by the advice and consent of the Senate, and be 
eligible to the office of President under the Constitu- 
tion, and not under impeachment by the House of Eep- 
resentatives at the time the duties shall devolve upon 
them. (Approved January 19, 1886.) 

What is the Electoral College? 

I. The term "Electoral College" means the presi- 
idential Electors when assembled as a body to cast the 
vote for President and Vice-President. 

II. Each State may provide by law for the filling of 
any vacancy which may exist in its college of electors, 
when such college meets to cast its electoral vote. 

What are the requirments as to Eligibility of the President and 

Vice President f 

I. No person shall hold the office, either of President 
or Vice-President, except native born citizens, or those 
who were in this country at the time of the adoption of 
the Constitution. 



94 THE UNITED STATES. 

II. The candidate must have been a resident of the 
United States for 14 years. 

III. He must be at the time of his election 35 years 
of age. 

What are some of the Duties of the President ? 

I. He is Commander-in-Chief of the Army and Navy 
of the United States; 

II. And of the Militia of the several States when 
called into actual service of the United States. 

III. He has power to grant reprieves and pardons for 
offences against the United States, except in cases of 
impeachment. 

IV. He has power to make treaties when two-thirds 
of the Senate present concur. 

V. He nominates, and, by and with the consent of 
the Senate of the United States, appoints Ambassadors, 
Public Ministers, Consuls, Judges of the United States 
Courts, and all other United States officers not other- 
wise provided for. 

VI. He may fill all vacancies that happen during re- 
cess of the Senate, by granting commissions that expire 
at the close of the next session. 

VII. He must from time to time give to Congress 
information in regard to the condition of affairs in the 
United States, and recommend such measures as he 
deems expedient. For further duties, see Constitution 
of the United States, Art. II. 

What are some of the Duties of the Vice President ? 

I. He is President of the United States Senate, and 
has a vote only in case of a tie. 

II. In case he succeeds to the presidency, then he 



DERIVATION OF AUTHORITY. 95 

performs the duties of the President, and the President 
pro tern, (a Senator) performs the duties of Vice-Presi- 
dent and Senator. 

What are the Salaries of the President and of the Vice-President f 
The President receives $50,000;* the Vice-President 
receives $8,000. 

A tabular view showing how some United States offi- 
cers get their authority. 

| fl. Electors U- *****«*•., , 
^ ( 2. Vice-President. 

pr, §< Members of the House ( t> • i ± ±- i 

^ t of Kepresentaties { Presideilt sometimes, f 

g c3 : 3n2 < U. S. Senators ■< V. President sometimes. 1 

TF7ki£ appointments are made by the President subject to confiu na- 
tion by the Senate f 

1. Sec. of State. 

2. Sec. of Treasury. 

I. President's Cabinet . / q * f N" ' * 

consisting of 1' *" a ■ " * t j. • 

o. bee. oi Interior. 

6. Postmaster General. 

7. Attorney General. 

II. Governors of territories. 

III. Ambassadors. 

IV. Ministers to foreign countries. 

* The President's salary cannot be increased or diminished during his 
term of office. 

t In 1801 and 1825. Who, 

X Richard M. Johnson was elected Vice-President by the Senate in 183fc 
This is, thus far, the only instance. 



96 THE UNITED STATES. 

V. Consuls. 

VI. Judges of the U. S. Supreme Court. 

VII. Judges of the U. S. Circuit Courts. 

VIII. Judges of the District Courts. 

IX. Postmasters. 

And many other officers. 

What class of officers in the State performs nearly the same duties 
as the Cabinet officers in the Nation f 

Those classed as "Administrative/* on page 61; in 
the State they are elected by the people; in the Nation 
they are appointed by the President. 

THE CABINET. 

What are some of the Duties of the Cabinet officers f 

I. The Secretary of State, at the head of the 
State Department preserves the public archives, records, 
laws, arguments and treaties, and supervises their pub- 
lication; conducts a J business and correspondence aris- 
ing out of foreign relations; makes out and records 
passports, commissions, etc. 

II. The Secretary of the Treasury, at the head 
of the Treasury Department, receives and has charge of 
all moneys paid into the United States Treasury; has 
general supervision of the fiscal transactions of the 
Government, the collection of revenue, the auditing 
and payment of accounts and other disbursements; su- 
pervises the execution of the laws relating to Commerce 
and Navigation, the Ee venues and Currency, the Coast 
Survey, the Mint and Coinage, the Lighthouse Establish- 
ments, Custon Houses, etc. 

III. The Secretary of War, at the War Depart- 
ment, has charge of business growing out of military 



THE CABINET, 97 

affairs; keeps the records of the army; issues commisions; 
directs the government of troops; superintends their 
payment, stores, clothing, arms, equipments and ord- 
nance; constructs fortifications and conducts works of 
miliary engineering, river and harbor improvements. 

IV. The Secretary of the Navy, at the head of 
the Isavj Department, has charge of the Naval establish- 
ments and all business connected therewith; issues Naval 
commissions, instructions and orders; supervises the 
enlistment and discharge of seamen, the construction 
of Navy Yards and Docks, the construction and equip- 
ment of vessels, Coast Surveys, etc. 

V. The Secretary of the Interior, at the head 
of the Department of the Interior, has charge of the 
survey, management, sales and grants of Public Lands; 
the examination of Pension and Bounty Land claims; 
the management of Indian affairs; the award of Patents; 
the distribution of Seeds and Plants; the taking of 
Censuses; the management of Government mines, etc. 
The Bureau of Education is a branch of this depart- 
ment. 

VI. The Postmaster General at the head of the 
Post-office Department, has charge of the Postal Sys- 
tem; the establishment and discontinuance of Post-of- 
fices; the appointment of Agents; the contracts for car- 
rying the mails, etc. 

VII. The Attorney General, at the head of the 
Department of Justice, is the legal adviser of the 
President and members of the Cabinet; examines ti- 
tles, applications for pardons, and judicial and legal 
appointments; conducts and argues suits in which the 
Government is concerned, etc* 



98 THE UNITED STATES. 

VIII. The Secretary of Agriculture, whose duty 
it is to promote the agricultural interests of the country. 
What are tlie Salaries of the members of the Cabinet ? 
$8,000 a year. 
Name the present Cabinet officers. See page m, 

AMBASSADORS, MINISTERS, AND CONSULS. 

What is an Ambassador? 

An Ambassador is a minister of the highest rank, ap- 
pointed to represent the interests of a country at the 
court or seat of government of some other country. 

What is a Minister Plenipotentiary t 

A Minister Plenipotentiary is an Ambassador or En- 
voy, invested with full powers to negotiate a treaty, or 
do some other special business, without being a perma- 
nent resident of such country. Under such circum- 
stances, he is called Ambassador extraordinary. 

What is a Consul f 

A person commissioned to reside in a foreign country 
as an agent or representative of a government, to pro- 
tect the rights, commerce, merchants, and seamen of 
the country, and to aid in commercial, and sometimes 
in diplomatic transactions, with such foreign country ; 
he is sometimes called Ambassador, or Minister ordi- 
nary. 

Name a few of the highest Salaries paid Ministers. 

The ministers to London, Paris, Berlin, and St. 
Petersburg receive $17,500 each. Those to Vienna, 
Madrid, Eome, Pekin, Yeddo, Tokio, Mexico, and Eio 
Janiero, receive $12,000 each. The United States has 
no Ambassadors. 



THE TWO HOUSES OE CONGRESS. 99 

CONGRESS. 

A FEW COMPARISONS BETWEEN THE STATE AND 
NATIONAL GOVERNMENTS. 

Name a similarity in Divisions between the State and the Na- 
tional governments. 

Each has 3 divisions, the Legislative, Executive, and 
Judiciary. 

Name a similarity in the Legislative department. 

Each has 2 branches. In New York they are called 
Assembly and Senate; in the National government they 
are called House of Eepresentatives and Senate. The 
Assembly and House of Eepresentatives each elect their 
own Speaker; the State Senate is presided over by the 
Lieutenant Governor; the National Senate is presided 
over by the Vice-President. 

What is the number of Members in each at tlie present time ? 

Ill the Assembly there are 128; in the House of Eep- 
resentatives, 356; in the State Senate, 32; in the Na- 
tional Senate, 88. 

How do their Terms of office compare ? 

The members of the Assembly are elected for 1 year, 
of the House of Eepresentatives for 2 years; of the State 
Senate for 2 years, of the National Senate for 6 years. 

THE TWO HOUSES OF CONGRESS. 
Of what Divisions does Congress consist f 
Of the Senate and the House of Eepresentatives. 
How many Members has the Senate f 

The Senate has twice as many members as there are 
States in the Union. 



100 



THE UKITED STATES, 



THE HOUSE OE REPRESENTATIVES. 

How many Members "has the House of Representatives'! 

The House of Kepresentatives consists of such a num- 
ber as Congress shall decide upon and name, after the 
taking of each national census; and this number con- 
tinues for the next ten years, unless increased by the 
admission of new States, each new State being entitled 
to one or more members. 

The following table shows the ratio of representation 
in the House of Representatives, through the several 
decades to the present time. 

.ratio, 



1789.. 
1793.. 
1803.., 
1813... 
1823.. 
1833. . 
1843 .. 
1853.. 
1863.. 
1873.. 
1883.. 



1891 



30,000. 

33,000. 

33,000 . 

35,000 . 

40,000., 

47,700. 

70,G80.. 

93,420.. 
127,316.. 
131,425. 
154,000. , 



number of members, 65. 
. " " 106. 

142. 

181. 

213. 

240. 

223. 

234. 

242. 

293. 

325. 



356. 



The present number 356 is apportional as follows : first column show- 
ing the number of Representatives, second column, the number of Presi- 
dential electors. 



Alabama 


.. 9. 


.11 


Arkansas 


.. 6. 


. 8 


California 


. . 7. . 


. 9 


Colorado ... . 


.. 2.. 


. 4 


Connecticut. . 


.. 4.. 


. 


Delaware 


.. 1. 


. 3 


Florida 


.. 2.. 


. 4 


Georgia 


..11. 


.13 


Idaho 


. . j . 


. 3 


Illinois . 


.2:.. 


9,\ 


Indiana. . 


..13. 


.15 


Iowa 


..11. 


.13 


Kansas 


.. 8. 


..10 


Kentucky 


..11. 


.13 


Louisiana 


... 6. 


.. 8 



Maine 4.. . 6 

Maryland 6. .. 8 

Massachusetts . . 13, .15 

Michigan 12. . .14 

Minnesota 7. .. 9 

Mississippi 7. . . 9 

Missouri 15. . .17 

Montana 1 . . • 3 

Nebraska 6. .. 8 

Nevada 1 . • • 3 

New Hampshire 2. . . 4 

Now Jersey 8.. .10 

New York . . . 34. . .36 
North Carolina. 9. . .11 
North Dakota.. 1... 3 



Ohio 21. ..23 

Oregon 2.. . 4 

Pennsylvania ..30... 32 
Rhode Island... 2... 4 
South Carolina. 7... 9 
South Dakota.. 2... 4 

Tennessee 10. ..12 

Texas .13. ..15 

Vermont 2... 4 

Virginia 10... 12 

Washington 2. .. 4 

West Virginia . . 4. . . 6 

Wisconsin 10. . .12 

Wyoming 1... 3 

356 444 



X. Y. CONGRESSIONAL DISTRICTS. 101 

The congressional districts of New York under the 
apportionment of 1892 are as follows : — 

I. Suffolk, and Queens. 

XI. Wards 1, 2, 5, 6, 7, 11, 20 of Brooklyn. 

III. Wards 4, 3, 10, 22, 9, 23 of Brooklyn, with the town of Flatbush. 

IV. Wards 12, 8. 24, 25, 26 of Brooklyn, together with New Utrecht, Grave- 
send, and Flatlands. 

V. Wards 18, 19, 21, 27, 28 of Brooklyn. 

VI. Wards 13, 14, 15, 16, 17 of Brooklyn. 

VII. The county of Richmond, together with Assembly districts 1 and 5 
of New York. 

YIII. Assembly districts 2, 3, 7 of New York. 

IX. Assembly districts 4, 6, 8 of New York. 

X. Assembly districts 9, 13, 15 of New York. 

XI. Assembly districts 10, 20, 14 of New York. 

XII. Assembly districts 11, 16, 18 of New York. 

XIII. Assembly districts 17 and 20, and that portion of Assembly district 
21 below the centre of 59th street, New York. 

• XIY. Assembly district 19, and that portion of Assembly district 21 be- 
tween the centre of 59th street and the centre of 79th street, and that por- 
tion of Assembly district 22 below the centre of 79th street, New York. 

XY. That portion of Assembly district 21 between the centre of 79th 
street and the centre of 86th street, and that portion of Assembly district 22 
above the centre of 79th street, and Assembly district 23, New York. 

XVI. Assembly district 24, New York, and the county of Westchester. 

XVII. Rockland, Orange, and Sullivan counties. 
XYIII. Putnam, Dutchess, and Ulster. 

XIX. Columbia, and Rensselaer. 

XX. Albany. 

XXI. Greene, Schoharie, Otsego, Montgomery, and Schenectady. 

XXII. Fulton, Hamilton, Saratoga, and St. Lawrence. 

XXIII. Clinton, Franklin, Essex, Warren, and Washington. 
XXIY. Oswego, Jefferson, and Lewis. 

XXY. Oneida, and Herkimer. 

XXVI. Delaware, Chenango, Broome, Tioga, and Tompkins. 

XXVII. Onondaga, and Madison. 

XXVIII. Wayne, Cayuga, Cortland, Ontario, and Yates. 

XXIX. Chemung, Seneca, Schuyler, and Steuben. 

XXX. Niagara, Livingston, Wyoming, Genesee, and Orleans. 

XXXI. Monroe. 

XXXII. Wards 1-14, 19, 20 of Buffalo. 

XXXIII. Wards 15-18, 21-25 of Buffalo, and Assembly districts 4 and 5 of 
Erie, said District 4 including Ward 25 of Buffalo. 

XXXIV. Chautauqua, Cattaraugus and Allegany. 



ELECTION 0¥ REPRESENTATIVES. 103 



How are members of the House of Representatives Elected? 

They are elected every even year by the voters of the 
several States, the voters of each Congressional District 
electing one member. 

What is their Term of office? 

The term of office is 2 years, and begins on the 4th of 
March following the election. 

What is a Congressman- at Large? 

He is a member elected by the voters of the entire 
State. 

After a new apportionment by Congress, some States will have a larger 
number of Representatives than during the preceding decade. For instance, 
New York had one additional Representative by the apportionment of 1882. 
The Legislature failed to re-district the State in 1882, and as there were but 
33 Congressional districts to elect 34 Representatives, one had to be elected 
by the voters of the entire State. 

Had there been two additional Representatives, there would have been 
two Oongressmen-at-Large at the election of 1882. 

The State is now re-districted, and there are as many districts as there 
are Representatives. See page 101. 

What special Qualifications must a Representative possess? 

I. He must be 25 years of age, an inhabitant of the 
State in which elected, and 7 years a citizen of the 
United States. 

Note:— By the term citizen here is meant, that an alien must have been 
naturalized 7 years before he can hold this office. 

II. He cannot hold any other office under the United 
States during his continuance in this office. 



104 THE UNITED STATES* 

III. He shall not be appointed to any civil office 
under the authority of the United States, which shall 
have been created, or the emoluments of which shall 
have been increased, during his term of office. 

How are Vacancies in this office filled? 

By special election in the district in which the va- 
cancy exists; such election being ordered by the Gov- 
ernor of the State. 

Note. — The person elected at such special election serves only for the 
unexpired term. 

What are some of the Duties of Representatives? 

I. To take the oath of office. (See page 145.) 

Note.— The oath is administered to the members before taking their 
seats, by the last Clerk of the House of Representatives, whose duty it is to 
act as presiding officer until a Speaker shall be elected. 

II. To elect from their number a presiding officer, 
who is called ' f Speaker/ 5 

III. To elect from outside their number other offi- 
cers, as Clerk, Sergeant-at-Arms, Doorkeeper, and Post- 
master. 

IV. A majority constitute a quorum for doing busi- 
ness; judge of the elections, return, and qualifications 
of their own members; compel the attendance of absent 
members; determine their own rules of proceedings; 
puriish members for disorderly behavior; and expel a 
member by a two-thirds' vote. 

V. They may not adjourn for more than three days, 
or to any other place than that in which the Senate also 
is sitting, without the consent of the Senate. The same 
rule applies to Senators. 

VI. To have co-ordinate jurisdiction with the Senate 
in enacting laws. 



THE SENATE. 105 

VII. To have the sole power of originating impeach- 
ments. 

Note.— An impeachment is a specific accusation (and is in the form of an 
indictment) against a public officer, charging him with a crime or misdemea- 
nor sufficient to put the accused on trial at the bar of the Senate. When 
a majority of the members of the House has impeached an officer, L appoints 
a committee to lay the whole matter before the Senate, and to represent the 
House in its prosecution. The duties of the House of Representatives end 
here. 

VIII. All bills for revenue must originate in the 
House of Kepresentatives, but the Senate may propose 
or concur in amendments as in other bills. 

IX. To select a President of the United States, when 
the electors fail to elect one. (See pages 91-92.) 

This has occurred twice. Thomas Jefferson was elected in 1801, and 
John Quincy Adams in 1825. (See page v.) 

How are Territories represented f 

Each Territory is entitled to one delegate, who has the 
privilege of presenting the claims of his Territory; but 
has no vote. (See page 73.) 

THE SENATE. 

How are United States Senators elected ? 

By the Legislatures of the several States, for a term 
of 6 years. 

Note.— When a Senator is to be elected, each body of a Legislature by a 
viva voce vote of each member present on the second Tuesday after the meet- 
ing and organization thereof, names a candidate for Senator. 

The two houses meet in joint assembly, the day following, and if the 
same person has received a majority of all the votes cast in each house (a 
quorum being present) he is declared duly elected Senator of the United 
States. 

If no person has received such majority, then the joint assembly pro- 
ceeds by viva voce vote to elect a Senator, and continues to vote at least once 
each day during the session, or until a Senator shall be elected For man- 
ner of viva voce voting see page 56. 

Hoio tcere Senators Classified according to the Constitution, at thf 
first meeting t 



106 THE UNITED STATES. 

I. There were only 19 Senators at the opening. The 
names of G were put into one class, 7 into another, and 
6 into another. 

II. No two Senators' names from the same State were 
put into one class. 

III. Three papers of equal size numbered one, two, 
and three, were rolled up and put into a box, and drawn 
by a committee of three persons chosen for this purpose 
in behalf of the respective classes in which each of them 
was placed. 

IV. Senators of the first class were to vacate their 
seats in 2 years; of the second, in 4 years; of the third, 
in 6 years. 

V. By a resolution of Congress in 1789, it was decided 
that when Senators take their seats from States that 
have not before appointed Senators, they shall be placed 
by lot in the foregoing classes in such manner as shall 
keep the classes as nearly equal as may be in num- 
bers. 

VI. Two or four years will intervene between two 
successive expirations of Senatorial terms in any State. 

What special Qualifications must a Senator possess? 

I. He must be 30 years of age, an inhabitant of the 
State in which elected, and 9 years a citizen of the 
United States. 

II. He must be free from the restrictions in regard to 
holding office heretofore given for Eepresentatives. 

What are they ? 

Hoio are Vacancies in this office filled ? 

I. If a vacancy occurs during the recess of a Legisla- 
ture of any State, the Governor of such State may make 



DUTIES. OF SEKATOKS. 107 

a temporary appointment, which will expire at the meet- 
ing of the Legislature. 

II. If the Legislature of a State be in session at the 
time a vacancy occurs, the Legislature will proceed to 
till such vacancy by voting as in the case of a full term. 

Note.— The person elected to fill a vacancy serves only for the unex- 
pired term. 

DUTIES. 

What are some of the Duties of Senators? 

I. To take the oath of office. (See page 145.) The 
oath will be administered by the Clerk of the Senate. 

II. To elect their Clerk, Sergeant-at-Arms, Door- 
keeper, and Postmaster. These officers are not mem- 
bers of the Senate. 

III. Sections IV., V., and VI. , under duties for Be|>- 
resentatives, apply to Senators likewise. What are they? 

IV. The Senate, sitting as a court, has sole power to 
try all impeachments. 

Note 1.— The Chief Justice shall preside when the President of the 
United States is being tried. 

Note 2.— It requires two-thirds of the members present to concur in 
order to convict. 

Compare pp. 57, 58, 105. 

Note 3.— The following persons have been tried by this Court : 

1. William Blount, United States Senator from Tennessee was impeached 
by the House of Eepresentatives in 1797, tried by the Senate, and expelled. 
The charge was " That he had intrigued when Governor of the Territory, to 
transfer New Orleans and the neighboring districts, then belonging to Spain, 
to Great Britain, by means of a joint expedition of English and Indians." 

2. John Pickering, District Judge, N. H., was impeached by the House 
of Representatives in 1803. Senate failed to convict. 

3. Samuel Chase, Associate Justice, was impeached, tried by the Senate 
in 1805, and discharged. 

4. James H. Peck, District Judge, Missouri, was impeached, tried by the 
Senate, in 1830, and discharged. 

5. The impeachment (or indictment) of Andrew Johnson in 1868, con- 
sisted of 11 articles or counts. Only three of those articles or counts were 



108 THE UNITED STATES. 

acted upon, the vote standing 34 for conviction, and 19 against. He was not 
convicted. Repeat the provisions of the Constitution as to impeachments, 
pages 115 and 116. 

V. To ratify or reject treaties proposed by the 
President of the United States, two-thirds of the Sen- 
ators present concurring. (See page 140.) 

VI. To confirm or reject apjDointments made by the 
President. (See page 95.) 

VII. To elect a Vice-President of the United States 
in case the electors fail so to do. (See page 91.) 

VIII. To elect a President pro temjoore. This is usu- 
ally done at the close of the first Executive Session of the 
Senate after the inauguration of the new Vice-President, 
so that if the Vice-President should be called upon to 
perform the duties of President, the Senate would not 
be without a presiding officer. (See page 92.) 

IX. The President pro tempore of the Senate may act 
as Vice-President, in case of a vacancy, but can never 
he in fact a Vice-President, because the President pro 
tempore may be less than 35 years of age, or born in a 
foreign country, and consequently may be ineligible 
to the office of Vice-President. 

Note.— For further legislative powers, such as levying duties, coining 
money, fixing the standard of weights and measures, establishing post- 
offices and post-roads, inferior courts, punishment of piracies, etc., see 
page 119. 

How are Congresses named t 

By ordinal number. The 51st Congress will come 
into power March 4, 1889, and at the close of two years 
will be followed by the 52d Congress, a new Congress 
succeeding to power every two years. 



DUTIES OF SEHATORS. 10V 

When does Congress meet ? 

The Constitution provides that Congress shall meet 
the first Monday in December, in each year; conse- 
quently, there can be no session of a new Congress 
until that time, unless ordered by. the President. 

The first regular session of a Congress may continue 
a full year. The second regular session must close on 
the third of March, at which time the term of the mem- 
bers of the House of Kepresentatiyes expires. 

What is meant by the Senate having Executive Sessions ? 

I. An executive session is for the purpose of ratifying 
treaties, confirming appointments made by the Presi- 
dent, etc. 

II. It is a meeting of the Senate only, and is some- 
times called by the President when Congress is not in 
session. At the commencement of a presidential term, 
the Senate is convened for the purpose of confirming 
the Cabinet and other appointive officers. 

May the Presiding Officers vote 

I. The Speaker of the House of Eepresentatives, be- 
ing a member of the House, is always entitled to a vote 
upon any question. 

II. The Vice-President not being a member of the 
Senate, is entitled to vote o?dy in case of a tie in the 
Senate. 

III. The President pro tempore, as presiding officer, 
is entitled to vote upon all questions, because he is a 
member of th Senate. (Compare page 58.) 

What are the Salaries of Congressmen ? 
I. The Speaker of the House receives a salary of 
$8000. 



110 THE UNITED STATES. 

II. The President pro tern, of the Senate receives a 
salary of $8000. 

III. Senators. Representatives, and Delegates (see 
page 73) receive $5000 a year, and 20 cents a mile for 
travel in going to and returning from Washington. 

What are the Standing Committees of Congress t 

I. Both houses have standing committees, among 
which are the following: Ways and Means, Foreign 
Relations, Finance, Appropriations, Judiciary, Com- 
merce, Military Affairs, IsTaval Affairs, Indian Affairs, 
Elections, Banking and Currency, Railroads, etc. 

II. These committees are appointed in the House of 
Representatives by the Speaker; in the Senate, by the 
members of the Senate. 

III. Each committee has a chairman and secretary: 
the chairman of any committee, by a law of 1863, is 
empowered to administer oaths to witnesses in any case 
under consideration. 

IV. Special committees are appointed for the exam- 
ination of special cases. 

V. The object of having committees is to expedite 
business: bills and matter pertaining to a particular 
subject are referred to the committee having that sub- 
ject in charge; the committee investigates, and reports 
in proper form to the House or the Senate as the case 
may be. 

COMMITTEE OF THE WHOLE. 

Explain the manner in which a deliberative body is resolved into 
a Committee of the Whole. 

I. A member of the House of Representatives, Sen- 
ate, or any other deliberative body, moves that tnat 



CONSTITUTIONAL PROVISIONS. Ill 

body resolve itself into a Committee of the Whole for 
the consideration of a particular subject : if carried, the 
Speaker or presiding officer leaves the chair, naming 
some member to take his place as chairman. 

II. The Speaker or presiding officer becomes a mem- 
ber of the committee, and can take part in the debate 
as other members. 

III. The Committee of the Whole cannot conclude 
any business and cannot adjourn. 

IV. When the discussion is completed, some member 
moves that the Committee of the Whole do " now rise "; 
whereupon the Speaker resumes his place in the chair, 
and the chairman reports to him the business which was 
transacted in the Committee of the Whole. 

V. If the House or any other body while in Commit- 
tee of the W T hole desires to adjourn, it rises, and only 
after the chairman "reports progress" to the Speaker 
is a motion to adjourn in order. 

VI. The object of going into a Committee of the 
Whole is to get rid of those rules which hinder and re- 
tard free debate. 

CONSTITUTIONAL PROVISIONS. 

NATURALIZATION. 

Explain the process of Naturalization. 

I. Aliens, persons born in other countries, may be- 
come citizens in five years after coming to this country 
by complying with certain rules. 

II. They must make a declaration of intention on 
oath before a court of competent jurisdiction, desiring 
to become citizens, except as in Sec. V, and except 
where an alien became resident in the U. S. before ar- 
riving at the age of 18 yrs. 



112 THE UNITED STATES. 

Note.— A circuit or district court of the United States, or a district or 
supreme court of Territories, or a court of record of any of the States hav- 
ing common law jurisdiction, is a court of competent jurisdiction. 

IJI. Five years must have elapsed after a foreigner 
becomes a resident, and two years after a declaration 
of intention as above, before lie can become a citizen. 
At this time he must take the oath of allegiance. 

IV. The oath of allegiance must be preceded by the 
oatli of other witnesses — to the 5 years' residence, and 
good moral character of the aj^plicant. 

V. An exception to this is, that an alien soldier hav- 
ing served in the Union Army one year and having ob- 
tained an honorable discharge, may become a citizen of 
the United States on making oath to these facts and 
taking the oath of allegiance. 

VI. When a foreigner becomes naturalized, his chil- 
dren under 21 years of age, if residents of the United 
States at the time, become citizens without further 
formality. 

VII. If a foreigner makes his declaration of inten- 
tion to become a citizen of the United States, and dies 
before the time to become fully naturalized, his wife 
and children become citizens at that time, on taking 
the oath of allegiance. 

HABEAS COKPUS 

What is a writ of Habeas Corpus f 

I. An instrument in writing issued by a judge, com' 
manding the sheriff or whoever has the prisoner in 
charge, to bring him before the judge. 

II. The caso is not tried, but the judge simply exam- 
ines the case to see whether the imprisonment is lawful; 



TREASON. 113 

that is, whether any crime is charged, or whether there 
is any proper complaint, or commitment. 

III. If the prisoner be lawfully held, he may send him 
back to prison, or if unlawfully held, release him. 

IV. This famous writ protects the rights of personal 
liberty by causing the case of the person under arrest 
to be examined by a competent judge. 

V. The privilege of this writ shall not be suspended, 
unless, when in cases of rebellion or invasion, the public 
safety requires it. (See page 137.) 

Note.— The writ of habeas corpus was suspended by President Lincoln, 
May, 1861 ; in December of the same year, Congress passed an act approv- 
ing the action of the President, and authorizing the suspension of the writ 
as long as he should deem it necessary. 

EX POST FACTO LAWS, 

What is an Ex Post Facto Law f 

An Ex Post Facto Law, as defined by the Supreme 
Court of the United States, is one which renders an act 
punishable in a manner in which it was not, punishable 
when the act was committed. For this and other pro- 
hibitions, see pages 137 and 138. 

TKEASOK. 
What is Treason f 

I. Treason against the United States consists in levying 
war against them, or in adhering to their enemies, giving 
them aid and comfort. 

II. A conviction requires the testimony of two witnes- 
ses to the same overt act^ or a confession in open court. 

III. The trial for treason will be conducted in all res- 
pects like any other criminal trial for a capital offence. 

V. The penalty may be death, but by an act of Con- 
gress July 17, 1862, the punishment is discretionary 



114 THE UNITED STATES. 

with the Court, and may be imprisonment for not less 
than five years, and a fine of not less than $10,000. 

Note.— No person has ever been convicted of treason in the United 
States. Jefferson Davis was captured May 10, 18G5, and placed in Fortress 
Monroe, May 19, where he was confined for two years. In May, 1867. he 
was brought before the United States Circuit Court at Richmond on a charge 
of (reason, and was admitted to bail. In December, 1868 he was discharged. 

POLITICAL DISABILITIES. 

What persons were deprived by the Fourteenth Amendment from 
holding any civil or military appointment under the United States? 

I. Those who, having taken an oath as a member of 
Congress, or 

II. As an officer of the United States, or 

III. As a member of any State Legislature, or 

IV. As an executive or judicial officer of any State, 
to support the Constitution of the United States, shall 
have engaged in the insurrection or rebellion against 
the same, or given aid or comfort to the enemies there- 
of. (See page 151.) 

How were these Disabilities removed ? 

I. By laws enacted by Congress to that effect by a 
two-thirds' vote. 

II. By the same being proclaimed by the President in 
the several amnesty proclamations of May 29, 1867, in 
which fourteen classes of persons were excepted, fol- 
lowed by other proclamations dated September 7, 1867; 
July 4, 1868; December 25, 1868. 

Note.— The last one was as follows: " I do hereby proclaim and declare, 
unconditionally and without reservation, to all and to every person who di- 
rectly or indirectly participated in the late insurrection or rebellion a full 
pardon and amnesty for the offence of treason against the United States." 

AMENDMENTS. 

How may Amendments be made to the Constitution ? 

L Whenever two-thirds of both houses of Congress 



AMENDMENTS. 115 

shall deem it necessary, they may prepare amendments, 
which shall become binding when ratified by the Legis- 
latures of three-fourths of the States. 

Note. —The above is the usual way. 

II. On application of the Legislatures of two-thirds 
of the States, Congress shall call a convention for pro- 
posing amendments, which must be ratified in conven- 
tions held by three-fourths of the States. 

III. A prohibition in regard to amendments is that 
no State without its consent shall be deprived of its 
equal suffrage in the Senate. (See page 144.) 

NOTES ON NATURALIZATION. 

I. All persons born in this country are citizens. 

II. Children under 21 years of age, born in other countries, become natur- 
alized by the naturalization of the father. 

III. When a foreigner has lived in this country three years and has made 
application to become a citizen, and the application is on file in the office of 
the Secretary of State, he is then entitled to hold lands by deed and convey 
the same lawfully: he is also entitled to vote at school meetings, but for no 
other officers until fully naturalized. 

IV. Any woman, who might lawfully be naturalized under the existing 
laws, married, or ivho shall be married to a citizen of the United States, shall 
be deemed and taken to be a citizen. . -~ 



MISCELLANEOUS QUESTIONS. 

The following questions and answers are given for the 
purpose of keeping some of the more difficult points 
before the minds of the advanced students. 

What is a Quorum f 

A majority of either body in the Legislature or in 
Congress constitutes a quorum for doing business. See 
pp. 56, 104. 

Where do Bills originate f 

Bills may originate in either house of the Legislature; 
but in Congress, all bills for raising revenue must origi- 
nate in the House of Eepresentatives: yet the Senate 
may propose or concur with amendments as on any other 
bills. See pp. 56, 133. 

Who are Members of the Court of Impeachment ? 
The State Senators or a majority of them, the Judges 
of the Court of Appeals, or a majority of them, and the 
Lieutenant Governor. The United States Senate is also 
a court of impeachment. See pp. 58, 107. 

Who may grant Reprieves and Pardons? See pp. 63, 94* 

What is an Ex-post Facto Law f See page 113. 

WJiat is a Writ of Habeas Corpus f See pp. 112, 154- 

What is Treason f See page 113. 

Note.— A difficulty existed between Aaron Burr and Alexander Hamilton, 
growing out of a political controversy which culminated in a duel, fought 
July 11, 1804, in which the latter was killed. Burr was disfranchised by the 
laws of New York, for having fought a duel, and was indicted for murder in 
New Jersey. His term of office as Vice-President closed March 4, 1805. In 

116 



MISCELLANEOUS QUESTIONS. 117 

April he started on a tour through the western country, and was suspected 
of being engaged in a scheme of forming a new government on the borders, 
and perhaps partly within the United States. 

His proceedings excited alarm, and Nov. 27, 1806, President Jefferson issued 
a proclamation against him; being arrested in Alabama, Feb. 19, 1807, he was 
brought to Richmond, Ya., for trial for high treason. The trial commenced 
March 27, and lasted till Sept. 7. No overt act of treason was proven, and 
the verdict of the jury was " Not Guilty under the Indictment." 

What was Attainder t 

In old English law, the extinction of ciyil rights, and 
the forfeiture of estate which followed, when a person 
was condemned to death for treason or felony, or when 
judgment of outlawry had been pronounced against him 
for not appearing to answer to a capital crime. 

What was a Bill of Attainder? 

It was a legislative conviction for alleged crimes with 
judgment of death. 

It is forbidden by our Constitution. See page 137. 

What are letters of Marque and Reprisal? 

They are commissions issued by a government to pri- 
vate persons, authorizing them to seize the property of 
a foreign nation or its subjects, as a reparation for some 
injury. Congress has exclusive power to grant them. 
See page 135. 

What is Capital Punishment? 

It is punishment by death, and is inflicted as a pen- 
alty for murder, treason, and arson in the first degree. 

What is Arson ? 

It is maliciously burning any dwelling-house, shop, 
or any building, the property of another. 

Note.— The burning of an inhabited dwelling in the night-time is arson in 
thejirst degree. 



118 \ MISCELLANEOUS QUESTIONS. 

What is Burglary t 

It is forcibly breaking into and entering in the night- 
time the dwelling-house of another with intent to com- 
mit a crime. 

What is Larceny f 

It is wrongfully taking of another's personal property, 
with the intent to deprive him of it permanently. 

Note.— If the property taken amounts to twenty-five dollars and upwards, 
the crime is grand larceny, and is a state's prison offence. If less than twenty- 
five dollars (unless second offence), it is petit larceny and is punishable by fine 
or imprisonment in jail or both. 

What is Slander f 

Slander is a false statement about another, which in- 
jures him in his reputation or business. If the person 
slandered proves that he has been damaged, the slanderer 
may be compelled to pay heavy damages. A person is 
liable for repeating a slander, the same as though he 
originated it. 

What is Libel ? 

A libel is a false publication in print or writing, signs 
or pictures, tending to injure a person in his reputation 
or business, or to expose him to public hatred, contempt, 
or ridicule. A person may be liable for heavy damages 
for words printed or written, for which he would not be 
liable if merely spoken, because of their wider circula- 
tion. 

What is Forgery f 

Forgery consists in falsely making, counterfeiting, or 
altering any instrument in writing with intent to defraud. 

What is Counterfeiting? 

Counterfeiting is the general term for making false 
coin and paper money, or passing it. 



MISCELLANEOUS QUESTIONS. 119 

What is Bribery? 

Bribery is the offering money or other reward, or ac- 
cepting money or some other reward for the purpose of 
influencing votes, for securing anything against justice. 
See Cons, of New York, page 158. 

What is Perjury f 

Perjury is stating material matter falsely, under the 
solemnity of a legal oath. 

What is Bobbery t 

Eobbery is the taking of personal property from an- 
other in his presence and against his will by violence, 
or by putting him in fear of immediate injury to his 
person. 

What is Bigamy f 

The crime of bigamy consists in a man's having two or 
more living wives at the same time, or a woman's having 
two or more living husbands at the same time. Where 
done openly by a class professing to consider it right, it 
is called polygamy, or polyandry. 

What is Murder f 

Murder is the killing of a human being deliberately 
and maliciously, and with intent to effect death. 

Note.— The law specifies different degrees of murder. Murder in the 
first degree is punishable by death; in the other degrees, by imprisonment for 
longer or shorter times. 

What is Embezzlement f 

Embezzlement consists in fraudulently taking what is 
intrusted to one by another, with intent to apply to one's 
own use; and is usually punishable in the same manner 
as larceny of the same amount. 



120 MISCELLANEOUS QUESTIONS. 

Who are Accessories to a crime ? 

Persons who advise, procure, or command a person to 
commit a crime, are said to be accessories before the fact; 
those who conceal an offender knowingly, or who give 
aid to prevent his being brought to punishment, are said 
to be accessories after the fact. 

What is a Felony? 

A heinous crime : a crime punishable by death or im- 
prisonment in state prison is a felony. 

What is giving Bail? 

Giving bail consists in a person (called a bondsman) 
giving a bond by which he agrees to pay the State a cer- 
tain sum of money in case the prisoner does not appear 
when wanted for trial. 

Note.— After the bond is executed the prisoner is released until trial. 
What is said of Excessive Bail ? See pp. 147 and 154. 
What is said of Trial by Jury ? See pp. 131 and 136. 
What is said of the Grand Jury ? See pp. 75, 76, 144, and 154. 
What class of people can be Naturalized, and what is the process? 
See pp. Ill and 112. 

What are the Qualifications for members of the House of Repre- 
sentatives ? See page 103. 

For United States Senators ? See page 106. 

For the Legislature of New York ? See page 54* 

How are Vacancies filled in the House of Representatives ? See 
page 104. 

How are Vacancies filled in the United States Senate ? See page 
106. 

What officers have no Vote except in case of a Tie? See pp. 115 
and 170. 

Who Presides in a court of impeachment, and how many of the 
me&bers must concur in order to cowoict ? See pp. 58 and 107. 



MISCELLANEOUS QUESTIONS. 121 

How far can judgment in cases of impeachment extend? See pp. 
58 and 132. 

How many impeachments have been tried by the United States 
Senate ? See page 107. 

Note.— William Blount is the only person that has been convicted in that 
court. 

Wliat Privileges, as individuals, have members of Congress or 
State Legislators? See pp. 133 and 16 /j,. 

What is a veto ? See pp. 134 and 170. 

In what time must a bill be returned by the President or Gover- 
nor? See pp. 57, 13 4, 171. 

How can a bill be passed after having been vetoed by the President 
or Governor ? See pp. 134 and 171. 

What are the Powers of Congress ? See pp. 135, 136. 

Note.— There are seventeen of them : the student can learn two or more 
of them each day. 

What are the general Prohibitions of Congress ? See pp. 136 and 
137. 

Note.— There are seven in number : learn the substance of them. 

What are tlie Prohibitions upon States? See pp. 137 and 138, 

Note.— There are three in number : learn the substance of them. 

How many Electors of President and Vice-President are there at 
present ? and hoic long will the present number remain ? 

As many as there are Representatives and Senators in 

Congress. See pp. 99 and 100. 

What are the Qualifications required for tlie offices of President 
and Vice-President ? See page 9€. 

What are the Qualifications far the offices of Governor and Lieu- 
tenant Governor ? See page 62. 

How is a Vacancy in tlie office of President filled ? See pages 92 
and 93. 

How is the Vacancy in the office of Governor filled ? See page 63. 



122 MISCELLANEOUS QUESTIONS. 

What Officers under United States government can be impeached? 
See page ljj.1. 

What officers under the State government can be impeached? See 
page 176. 

What are some of the Duties of the President ? See pp. 94, 140, 
UL 

WMt are some of the Duties of tlie Governor of New York ? See 
pp. 63, 168, 169. 

What United States Court is both original and appellate, and in 
what cases ? See page 142. 

What United States Courts have original jurisdiction ? See pp. 

85 and 86. 

What Jurisdiction have the various Courts in the State? See pp. 
79 and 83. 

The Supreme Court has both original and ajipellate jurisdiction. 

By what authority and in what way are new States admitted, 
and new Territories organized? See pp. 71 and 72. 

Hoio are Amendments made to the United States Constitution ? 
See page 114 . 

How are Amendments made to the State Constitution? See 
page 202. 

Hoic many Articles in the original Constitution of the United 
States? See page 149. 

How many Amendments hate been made to it? When were the 
last three made? Give some reasons for the incorporation of the 
13th, 14th, and 15th amendments. See pp. 146-151. 

How many Articles in the State Constitution ? See page 202. 



GENEEAL PEINCIPLES OF GOVEBNMENT. 

Upon what is Government founded f 

Justice is the fundamental law which both the people 
and the government are under obligation to obey. 

Note.— The single precept, the Golden Rule, "Therefore all things 
whatsoever ye would that men should do to you, do ye even so to them," if 
followed would make all constitutions and statue laws harmonize with 
Divine teachings. 

What are the three principal Forms of government f 

The people of the world would have usually arranged 

themselves under one of the three following forms of 

government, namely : 

1. Monarchy : government by a single person. 

2. Aristocracy : government vested in the nobles, 

or principal persons of the State. 

3. Democracy : government by the people. 

Note 1.— When a monarch has unlimited power his rule is said to be 
absolute. When a constitution or statute law restrains his actions, the 
monarchy is said to be limited. 

Note 2.— The government called aristocracy prevailed in Europe during 
the middle ages. Its outgrowth is seen at the present time in the grades of 
nobility in England. Feudalism was the parent of aristocracy. The suc- 
cessive advances of civilization have caused the practical disappearance of 
this form of goverment. 

Note 3.— When the voters of a school district assemble as a body to 
transact business matters, this government is called ^jmre democracy. The 
same is true of a town meeting. When the laws are made by representa- 
tives elected by the people, the government is called a representative democ- 
racy or representative. E. g., the State ; the United States. 

Note 4.— The three forms are blended in the English government. Thus 
monarchy is represented by the Queen ; aristocracy by the House of Lords ; 
democracy by the House of Commons. 

(128*) 



124* GENERAL PRINCIPLES. 

Note 5.— Monarchs generally inherit their ruling power from the father, 
and are called hereditary monarchs. A few are elected, usually by high 
officials, and are called elective monarchs. 

Note 6. — The government of the ancient Hebrews was a Theocracy. 

What is the Unit of Government in New York f 
In New York the town is the unit of government. 

Note.— Local governments were incorporated on Long Island as early as 
1652, under patents issued by Gov. Stuyvesant, later by Gov. Nicoll. A 
great number of patents were issued by the several governors ; trustees 
were appointed to carry out the provisions of the patent or charter. Later 
on these local patents were merged into town governments. In 1676, the 
following Dutch towns appeared on the assessment roll of Long Island, viz. : 
Middlewout, Brenkelen, Boswyck, New Utrecht and Arnsf ort. 

Seven years after these towns are mentioned as above, the Colony of 
New York was divided into counties (1683). 

In 1777, the Colony of New York assumed a State government under the 
constitution. See p. 18. 

The thirteen Colonies became a Nation under the Constitution (1788). 
Congress appointed the first Wednesday in March, 1789, as the commence- 
ment of the Constitutional period. See pp. 8 and 9. 

THE CONSTITUTION". 

How did the States agree upon a National Constitution? 

By a series of compromises between the larger and 
the smaller States, in regard to representation, taxation, 
and the different powers of government. 

What were the points at issue ? 

Under the Confederation, all States were equally 
represented in Congress ; hence the smaller States dis- 
liked to give up the power formerly held by them ; the 
larger States claimed that political power should depend 
upon population, or upon population and property. 

What Compromise teas made? 

That there should be two branches of Congress : a 
House of Representatives, based on population ; and a 
Senate, based on equality of representation, each State 
large or small being represented by two Senators. 



COMPROMISES OK THE CONSTITUTION. 125* 

Note.— It will be seen that the smaller States yielded the point that 
population should be the basis of representation in the House, the larger 
States finally consenting to an equality of representation in the Senate. 

What made the Population question more difficult f 
The population problem was more difficult on account 
of slavery, there being more slaves in the south than in 
the north. It became a sectional question ; but as 
direct taxation was based upon population, and as there 
was a prospect that the government would be supported 
largely by direct taxation, the phrase, "three-fifths of 
all other persons" (which meant that five slaves should 
be counted as three persons), was approved of as favor- 
ing the south in representation, and the north m re- 
gard to direct taxation. It was agreed that there should 
be no interference with the foreign slave trade prior to 
1808, as favoring the south ; and as favoring the north 
that a tax not exceeding ten dollars might be imposed 
on each slave imported. Upon this basis the compro- 
mise was affected. 

Note 1.— The slave trade was abolished in 1808, and slavery itself, by 
constitutional amendment in 1865 ; hence negroes are now counted as white 
persons are, for both representation and taxation. 

Note 2.— The smaller States retained their equality with the large States 
by equality in the Senate as follows : (1) Equal representation in law-makiug. 
(2) Equal representation in the selection of a Vice-President, when the people 
fail to elect ; as in the case of Richard M. Johnson, who was elected Vice- 
President by the Senate in 1837. Johnson received 147 electoral votes, one 
less than a majority. (3) Equal power in that part of the Electoral College 
which is based upon the number of Senators. (4) Equal power in the con- 
firmation of appointments and ratification of treaties. 

Note 3.— The smaller States retained their equality in the House of 
Representatives in the matter of electing a President, when the people 
failed to elect as in 1801,1825; each State having a single vote in those 
elections. 

Query. — Did the several States relinquish all their former rights ? 

Note 4.— Under the Constitution, Delaware, Rhode Island, and several 
other States have each three electors for President and Vice-President :— 
each having one-twelfth as much power in the Electoral College as New 



126* TREATIES. 

York. In the popular vote Delaware has at present about one-seventieth 
as much power as New York. Hence the plan of electing a President under 
the Constitutional provision gives a small State far greater power in propor- 
tion to its population than if the ballots were cast directly for President and 
Vice-President. 

Note 5.— The principles or foundation laws which govern a state or 
nation are embodied in written documents called Constitutions. Constitu- 
tions are the foundations for all Statute laws. Laws are the appointed 
rules of a community or state for the control of its inhabitants,— whether 
unwritten, as the common law of England, or enacted by formal statutes, as 
in the United States. 

TEEATIES. 
What is a Treaty ? 

A treaty is an agreement or contract between two or 
more nations, entered into with proper formality and 
solemnity, defining the rights of the respective parties 
thereto with regard to trade, commerce, or boundaries ; 
or with reference to the protection of their mutual 
interests against invasion from foreign powers. 

How are the Terms agreed upon f 

The terms of treaties are usually agreed upon either 
by commissioners appointed by their respective govern- 
ments for the specific purposes of arranging details/or 
by ambassadors or other public ministers. 

How is a treaty Confirmed ? 

All treaties proposed by the President of the United 
States must be submitted to the Senate in secret session. 
The treaty to be valid must be ratified by a vote of two- 
thirds of the Senators present. (See page 140.) 

Note 1.— When amendments to, or alterations of the treaties have been 
made by the Senate, the whole document must be re-submitted to the Presi- 
dent and also to the foreign government with whom negotiations are 
pending. 

Note 2.— Some of the more important treaties maae are with England, 
1783, 1794 ; with France, 1800, 1803 ; with Tripoli, 1805 ; with England, 1814 ; 
with Algiers, 1815 ; with Spain, 1819 ; with England, 1842, 1846 ; with Mexico, 
1848 ; with England, 1850 ; with Russia, 1867. 



TAXESo 127* 

What is Extradition ? 

Extradition is the delivering up of fugitives from jus- 
tice by the authorities of one country or State to those 
of another. 

Note 1.— The extradition between the several States is provide by 

the Constitution, Art. IV. Sec. 2. (See page 143.) An act was passed in 1793 
by Congress to carry this provision into effect. 

Note 2.— Extradition between countries is provided for by treaties in- 
stead of by legislation, and is made to cover a number of crimes, viz.: Mur- 
der, assault with intent to commit murder, piracy, arson, robbery, and 
forgery or the utterance of forged papers. Additional offences are enumer- 
ated among the crimes in some countries. 

Note 3.— By acts of Congress passed to give effect to extradition treaties, 
the accused is to have an examination before a federal judge or commis- 
sioner, or before a judge of a State court, who if he finds the case established, 
will certify the fact with the evidence to the Secretary of State, that an 
executive warrant may issue for the surrender of the criminal to the author- 
ized agent of the foreign government. The surrender cannot be made until 
the judicial determination shall be had. Similar proceedings are had in 
foreign countries as provided there by law, before giving up fugitives found 
there. 

TAXES. 

Wihat two Kinds of Taxes are there f 

Taxes are of two kinds, viz. : direct and indirect. 

I. Direct taxes are laid directly on the property of 
individuals, which may be in lands (called real estate), 
or in money, goods, mortgages, notes, etc. (called per- 
sonal property). 

a. School Districts in New York State are authorized to lay a tax upon 
the real and personal property of the district as it appears upon the last 
assessment roll of the town in which it is situated, for the purpose of buying 
a site for school houses ; building a school house and furnishing the same ; 
and for supplies, apparatus, and any deficiency in teachers' wages, etc. 

b. A direct tax is laid and collected yearly in each Town for the expenses 
incurred in payment of officers, support of the poor, building bridges, and for 
such other objects as the voters of the town legally direct. 

c. A direct tax laid for the support of the County is apportioned by the 
board of supervisors among the several towns, in proportion to the equalized 
valuation of .the real and personal property of the respective towns of the 
county. 



128* TAXES. 

d. A direct tax for the support of the State government is apportioned 
by the Comptroller among the several counties in proportion to the equal- 
ized valuation of their real and personal property ; then by the boards of 
supervisors among their respective towns. 

e. The town tax and its share of the State and county taxes are all in- 
cluded in one warrant and collected at the same time by the town collector. 

/. Direct taxes are also laid and collected in incorporated Villages and 
Cities for their support. 

g. A direct tax was ordered by Congress, August 5, 1861, at a time when 
money was much needed by the government, and apportioned among the 
several States as directed by the Constitution, Art. II. Sec. 3. The act pro- 
vided for the raising of $20,000,000 annually ; $17,000,000 was collected in 
the States not in rebellion for one year ; provisions were also made for rais- 
ing money by an internal revenue tax. Direct taxes were also levied in 
1 798, 1813, 1815, and 1816. The 51st Congress, in 1890, refunded the direct 
tax to the several States that raised it in 1861. New York State received as 
her share $2,213,330. 

II. Indirect taxes are those laid upon importations, 
exportations, consumption and sale of goods ; and are 
called in the Constitution, duties, imposts and excises. 

a. Duties are taxes on importations of goods. 

b. Imposts are taxes on goods imported. 

c. Excises are inland duties. The term is employed to designate a par- 
ticular form of duty. 

d. An Internal Revenue Tax was laid in 1862 as a war measure. This 
required all notes, mortgages, wills and other valuable papers to be stamped 
with stamps designated as internal revenue stamps. Articles of luxury, 
gold watches, carriages, and a great many other articles were taxed under 
the law. This tax has been removed by Congress from all valuable papers, 
luxuries, and articles manufactured, except liquors and tobacco. 

Note. —The revenue on spirituous and fermented liquors, tobacco, etc. 
for 1891, was as follows : 

Spirituous liquors $83,335,964 

Fermented liquors , ..- 28,565,130 

Tobacco' 32,796,271 

Penalties 256,214 

$144,953,579 

What is a Tariff? 

A tariff is a schedule showing the rates of duties 
fixed by Congress on all kinds of imported merchandise. 
For what Two Purposes are duties laid t 



IMPORTANT STATISTICS. 129* 

Duties are laid for two purposes : the support of the 
government, and protection of our own manufacturers. 

Upon ichat are Direct Taxes based f 

Direct taxes are based upon the valuation of property 
as returned by the town assessors, which is merely an 
inventory of all real and personal property contained 
in the town. 

How are these taxes Collected! 

The school district taxes are collected by school dis- 
trict collectors ; the town, county and State taxes by 
town collectors ; the city and village taxes by the cor- 
poration collectors. 

Note.— The assessed valuation of the entire United States for the year 
1890, was $24,249,585,804 ; of the State of New York, $3,775,325,928. 

New York therefore contains about one-seventh of the assessed property 
in the entire Union. 

The State tax for 1891 was $8,934,304 ; of this amount there was raised 
for schools 3,779,393 

The balance $5,154,911, was for the payment of the salaries 
for State officers ; expenditures on the Capitol ; canals, and all other State 
expenses. 

IMPORTANT STATISTICS. 

Total value of Exports from the United 

States, 1891 $884,480,810 

Total value of Imports into the United 

States, 1891 844,916,196 

Balance of trade in favor of the United 

States $39,564,614 

Receipts from customs, internal revenue, 
sales of public lands, and other 
miscellaneous items, United States, 
1891 $392,612,457 



130* IMPORTANT STATISTICS. 

Expenditures of all kinds, same year 365,773,905 

Whole amount of money expended for 

schools in the United States, for 

the year 1891 $140,277,484 

Whole amount expended in NeAV York in 

the same year 17,543,880 

Amount of United States currency in 

circulation, 1891 $1,500,067,555 

The national debt in 1866 was 2,773,536,173 

" Dec. 1, 1891 was... 1,546,961,695 

Note.— The national debt of the United States has been greatly increased 
during each war, and was at different times in round numbers, as follows: 
1791, $75,000,000 ; 1816, $127,000,000. During Jackson's administration the 
debt was cancelled ; the surplus in the United States bank, by order of 
President Jackson, was loaned to certain State banks ; the amount loaned 
the State of New York was by the Legislature of 1838 set apart as the 
United States Deposit fund, the interest to be used annually for the support 
of schools. In 1851, the debt amounted to $68,000,000. 

FKANCHISE. 

What is a Franchise f 

I. A particular privilege conferred by grant from a 
sovereign or a government, and vested in individuals ; 
an exemption from ordinary jurisdiction. 

II. The franchise of citizenship is conferred by the 
United States Constitution. Amendment XIV. 

III. The elective franchise, the crowning franchise 
of the American people, is conferred in New York, by 
the State Constitution, Art. II., Sec. 1. 

IV. An additional franchise for voting at school 
meetings is conferred upon women and certain aliens. 
(See pp. 31, 115.) By a law of 1892, women may vote 
also for school commissioners. 

Note 1. — All business matters pertaining to schools, excepting such as 
are delegated to officers, are to be transacted at the annual school meeting, 



KOTDS OF VOTING. 131* 

or at special meetings called for a special purpose ; at such times all persons 
legally qualified are entitled to vote. 

Business matters of the town are submitted at the annual town meeting, 
at which time the officers for the town are elected. An entire town usually 
constitutes one district for town meeting purposes, but the board of super- 
visors may, as a legislative body, enact a law for the division of a town into 
two or more election districts for town meeting purposes. Special town 
meetings may be held for special purposes. Voters must be qualified as per 
Article II., Sec. 1, of the Constitution. 

Note 2.— The election of county, district, State and national officers takes 
place at the general election held on the Tuesday following the first Mon- 
day in November in each year. For convenience towns are divided by the 
town board into election districts, said districts to contain not to exceed 
four hundred voters. Cities and villages are also divided into districts. 
The same qualifications for voting are required as at town meetings. What 
are they ? 

Note 3.— Women vote in Wyoming ; their State Constitution grants them 
the privilege equally with men. In some other States women are entitled to 
vote at municipal and at school elections only. 

KINDS OF VOTING. 
Name some of the kinds of voting practised. 

I. By showing hands. 
II. Ay acclamation, or ayes and noes. 

III. By Viva Voce. 

IV. By dividing or separating the persons voting into 
two bodies. 

V. By Ballot. 
VI. By Yeas and Nays. 

Where are the first two kinds of voting usually practised? 
In conventions of different kinds, primary meetings, 
etc. 

When and how is the third kind of voting used? 
In the election of a United States Senator, usually of 
the Speaker of the Assembly, and of a few other officers ; 
and in this way : as the names of those entitled to vote 
are called, they respond by naming their candidate. 



132* IMPEACHMENT. 

Whem is the fifth kind of voting practised? 

Usually in the election of officers of different kinds. 

Where is the sixth kind of voting used f 

Usually in the legislature and some other deliberate 
bodies, and in this way : the names of the persons en- 
titled to vote are arranged alphabetically, and as the 
clerk calls the roll each member responds yea or nay as 
he wishes to vote for or against the bill or resolution. 

In voting by yeas and nays, when each person's name is called, if he 
wishes to vote for the bill or resolution, he says, " yea," if against it he says 
" nay' 1 . This manner of voting is a record of each and every man's vote : if 
his name is not found in the list, it is evident he did not vote. 

In the Congress of the United States, the yeas and nays of the members 
of either house, on any question, must, at the desire of one-fifth of those 
present, be entered on the journal. Art. I, Sec. 5. (See page 133.) 

In the Legislature of the State of New York, every bill before it can pass 
must receive the assent of a majority of all the members elected to each 
branch of the legislature, and the question upon the final passage must be 
taken immediately upon its last reading, and the yeas and nays entered on 
the journal. Art. Ill, Sec. 15. (See page 164). 

A majority usually constitutes a quorum ; but any act (in New York) 
which imposes a tax, or creates a debt, requires three-fifths of all the mem- 
bers elected to either house to be present to constitute a quorum. Art III, 
Sec. 21. 

What are two-thirds and three-fifths bills? 

See Constitution. Art. I, Sec. 9, and Art. Ill, Sec. 21. (See pages 155, 166.) 

IMPEACHMENT. 

In New York, what class of persons can he tried in the Court of 
Impeachment ? 

Public officers who have had charges pref erred against 
them by the Assembly. 

Of whom is the Court of Impeachment composed! 

Of the Senators, or a majority of them, the Judges 
of the Court of Appeals, or a majority of them, and the 
Lieutenant-Governor ; and two-thirds of all present 
must concur in order to convict. 



IMPEACHMENT. 133* 

When shall the Lieutenant-Governor not act as a member of this 

court 1 

When the Governor is being tried. He may be pre- 
sumed to be an interested party, for if the Governor 
should be found guilty and be removed, the Lieutenant- 
Governor would become Governor. 

What penally can be inflicted by this court f 

Eemoval from office, or removal from office and dis- 
qualification to hold and enjoy any office of honor, trust, 
or profit under this State. 

Can such parties be further 'punished ? 

Yes ; they may be indicted, tried, and punished ac- 
cording to law, by fine or imprisonment, or both, ac- 
cording to the nature of the crime. 



COMMERCIAL PAPER. 

What is Negotiable Paper ? 

Negotiable paper includes promissory notes, due-bills, 
drafts, cheeks, certificates of deposit, bills of exchange, 
bank-bills, treasury notes, and all other evidences of 
debt which bear upon their face the words "or bearer," 
"or order," or other words that make the paper trans- 
ferable from one person to another. 
What is a Promissory Note f 

A promissory note is a written agreement signed by 
one or more persons, promising to pay to another party 
a certain amount of money. 

What should be specified in a Promissory Note ? 

The date ; to whom and where payable ; the amount ; 
that it is for value received. If it is to bear interest, 
this must be specified ; and if it is to be negotiable, 
the words i ( or bearer "or " or order " should be inserted 
after the name of the payee. 

Note.— The maker, the person whose signature the note bears, must be 
competent. Insane people and idiots are naturally incompetent, and aliens, 
minors, and married woman are in some States legally incompetent. 

What is an Indorsement t 

An indorsement is a name written across the back of 
a note, which makes the indorser holden for the pay- 
ment of the note, providing the maker fails to fulfil on 
his part. 

The following is a common form of a negotiable bank- 
note. 

(134*) 



COMMERCIAL PAPEE. 135* 

$2500, Loawille, N. Y., May 1, 1892. 

Two months after date I promise to pay to the order of J. W. Davis, 
Twenty-five Hundred dollars, at the First National Bank of Lowville, for 
value received. James Benson. 

To endorse this note, hold it before you, as if to read it ; turn it over 
towards you with left hand at top of note ; and write J. W. Davis across the 
back about one-third distance from top to bottom. This is called indorsing 
in blank. 

When the following is written, " Pay E. W. Jones, or order, J. W. Davis," 
it is an indorsement in full. 

When the following is written, ""Pay E. W. Jones, or order, without recourse" 
the indorsement is qualified. By it J. W. Davis transfers his ownership in 
the note to E. W. Jones, but he cannot be held responsible for its payment. 

Each indorser in blank or in full is severally and collectively liable for 
the whole amount of the note indorsed if it be dishonored, provided it is 
duly protested and notice sent to each. The indorser looks to the man who 
indorsed it before him, and so back to the original maker of the note. 

A note similar to the one above, signed " Lewis S. Evans, principal, John 
Jay, surety," is a kt principal and surety note." 

If the words be, " we jointly promise " instead of " I promise," and both 
names are signed, the note becomes a "joint note." If the words, "we 
jointly and severally promise," instead of the words, " I promise," are used, 
and both names signed, it becomes a " joint and several note." 

The following is a special form for a note signed by a 
married woman. 



Utica, N. Y., May 1,1892. 
Three months after date I promise to pay James See or bearer Pour 
Hundred dollars, with interest, for value received. And I hereby charge 
my individual property and estate with the payment of this note. 

Clara C. Jones. 
What is a Protest ? 

A protest is a formal notification to the maker and 
endorsers made by a notary public of the non-payment 
of a draft, note, or check. 

POEM OF PEOTEST. 

County, ? 

State of New York. ) 

Be it known that on the 4th day of March, 1892, at the request of the First 

National Bank of 1 -* , Notary public, duly admitted and sworn, 

dwelling in presented the annexed note of for to the First 

National Bank, and payment thereof demanded, which was refused. 

Whereupon I, the said Notary, at the request aforesaid, did Protest and 
by these presents solemnly do Protest, as well against the maker and endorsers 



136* COMMERCIAL PAPER. 

of the said note, as against all others whom it doth or may concern for ex- 
change, re-exchange, and all costs damages and interest, already incurred, 
or to be incurred by reason of the non-payment of the said note. 

And I the said Notary to hereby certify, that on the same day and year 
above written, due notices of the foregoing protest were put into the post- 
office at or served as follows : 

Names of principal and endorsers. Notary Public. 

How does a Due Bill differ from a Note ? 

A due bill differs from a note in the fact that it is 
simply an acknowledgment of a debt. It may be made 
payable in money or in merchandise, and is the simplest 
form of negotiable paper. 

FORMS OF DUE BILLS. 

$10. Syracuse, N. Y., May 1, 1892. 

Due John Jackson or bearer Ten Dollars. 

Albert Stow. 
$20. Rochester, N. Y., May 1, 1892. 

Due Henry Enos, Twenty Dollars, payable in goods a t our store, on 
demand. A. T. Stewart & Co. 

ORDER. 

$10. Norwich, N. Y., May 1, 1892. 

Mr. James Gilbert : 

Please pay John Rees Ten Dollars on my account. 

James Rich. 

RECEIPTS. 

$15. Ogdensburg, N. Y., May 1, 1892. 

Received of James Kitts, Fifteen Dollars on account. 

OR, 

Received of James Kitts, Fifteen Dollars, in full of all demands to 
date. Charles Stebbins. 

What is a Contract ? 

A contract is legally defined to be an agreement, be- 
tween persons competent to make it, to do or not to do, 
for a consideration, some specified thing. 
What are the essential Conditions of a Contract ? 
There must be two or more persons concerned, who 
are legally qualified to contract. The assent of both 



COMMERCIAL PAPER. 137* 

parties must be given freely and with full knowl- 
edge of the facts contained in the contract. There 
must also be a consideration : that is something given, 
done, or promised as a reason for entering into an 
agreement. 

Note 1.— Corporations and States can contract only when empowered 
by their charter or constitution. Persons under twenty-one years of age, 
lunatics, and idiots are not competent to make contracts. Most contracts 
are oral, but all contracts for the sale of real estate or interest therein must 
he in writing. A minor may receive property but cannot legally sell it, and 
if lie does can regain it. But a minor who has no parent or guardian may 
contract for food, clothing, and lodging, and may be made to pay for them. 

Note 2.— Contracts are voided by fraud. Fraud is defined to be " every 
kind of artifice employed by a person for the purpose of deceiving another, 
to his injury." The party upon whom the fraud has been practised must 
void the contract as soon as he discovers the fraud. 

Note 3.— Any violation of the essential requisites of a contract or the 
omission of an essential requisite will void it. The remedy for a broken con- 
tract is usually stated in a clause in which the parties bind themselves each 
to each other, in a penal sum of money, to be paid by the failing party to 
the other party. In case there be no forfeiture stated the courts when 
appealed to will assess the damages. 

What is a Deed f 

A deed is a writing by which one person conveys title 
in lands to another person. It must be dated, must 
contain the names of the parties, and a description of 
the land conveyed, must be signed by the party convey- 
ing the land, and must be acknowledged before a proper 
officer as follows : 

State op New York, ) 
County op J ' 

On this i, day of May, 1892, before me the subscriber, personally appeared 
James Doe, to me personally known, to be the same person described in and 
who executed the within instrument, and acknowledged that he executed 
the same. J. A. Ckowner, 

Justice of the Peace. 

Note 1.— The foregoing is called "an acknowledgment," and must be 
used to make deeds, mortgages and assignments valid ; after which they 
can be recorded in the office of the County Clerk. 



138* COMMERCIAL PAPER. 

Note 2.— Notaries Public, Justices of the Peace, Judges of Courts, Mayors 
and Aldermen in cities are authorized to take acknowledgments. 

Note 3.— In case the wife does not sign the deed with the husband, she 
will in case of death of her husband be entitled to a life-estate of one-third 
of the property. 

Note 4.— The real property of any woman acquired before or after her 
marriage, remains her separate property, not liable for her husband's debts. 
She may make contracts ; carry on a trade or business on her own separate 
account ; dispose of her real and personal property by sale or by a will. 
She may be a guardian, executrix, or administratrix, and may give the neces- 
sary bonds. 

What is a Warranty Deed? 

A warranty deed is one by which the grantor cove- 
nants to insure the title in the lands conveyed against 
all persons whatsoever. 

Note.— A quit-claim deed releases simply the interest which the grantor 
has in the land, whatever it may be. 

In deeds made by executors, administrators, or guardians, there is gen- 
erally no warranty, 

Interlining or erasures in a deed, made before signing, should be (men- 
tioned in a note on the margin, and witnessed in proper form. After the 
acknowledgment of a deed, the parties have no right to make the slightest 
alteration. 

What is a Mortgage ? 

A mortgage is a conveyance of property, either real or 

personal, made for the purpose of securing the payment 

of a debt. When the debt is paid the mortgage becomes 

void and should be cancelled. A real estate mortgage 

must, like a deed, contain all the particulars, and when 

legally acknowledged can be recorded in the office of 

the County Clerk. 

Note 1.— Mortgages on personal property are called Chattel Mortgages. 
They are good only for one year, unless renewed, and are filed in the office 
of the Town Clerk, except in those towns in which the county seat is located ; 
in such towns chattel mortgages are filed in the office of the County Clerk. 

Note 2.— In case the payment of money secured by the mortgage is not 
made according to the terms stated in the mortgage, the mortgagee can sell 
the mortgaged property as directed bylaw. Such sale is called a foreclosure. 

Note 3.— When a mortgage has been fully paid and satisfied, the mort- 
gagee must execute a paper as deeds and mortgages are executed, setting 



COMMEKCIAL PAPER. 139* 

forth the fact that the mortgage is satisfied and paid in full. This is called 
a satisfaction or discharge, and will be recorded in the office of the County 
Clerk. This restores the title to the mortgagor. 

What is a Bond f 

A bond is a written instrument made under seal, in 
which one party acknowledges himself "held and 
bound firmly " with another party, for the payment of 
certain sums of money, or for the performance of such 
other duties as are mentioned in the bond. 

Note 1.— A bond accompanying a mortgage is additional security for the 
payment of the money secured by the mortgage, and is a lien upon the per- 
sonal and other property of the mortgagee. 

Note 2. — Certain civil officers, executors, administrators, assigns, etc., 
are required to give bonds ; meaning that a guaranty is made by the party 
giving the bond that the officer will truly and well perform all his duties, 
and pay over all moneys required by the bond. 

Note 3.— All crimes (except those punishable with death) are bailable ; 
that is, the prisoner may be released if one or more persons give a bond, 
agreeing to pay to the State a certain amount of money fixed by the judicial 
officer in charge, in case the party charged with the offence or indictment 
does not appear when wanted. 

Note 4.— When the bond is given for the payment of a certain amount 
of money the penalty is usually fixed at double the amount of money required 
to be paid ; but the courts require the payment of an amount which will be 
a complete indemnification for damages sustained. 

What is a Will? 

A will is an instrument in writing, declaring what a 

person desires to have done with his property after death. 

It can be changed or revoked at his pleasure during 

his life. 

Note 1.— Persons of lawful age and sound mind can make a legal will, 
which must be subscribed by the testator, in the presence of two lawful 
witnesses, who at his request, and in his presence, and in the presence of 
each other, have subscribed their names as witnesses, together with their 
post office addresses. 

Note 2.— The word " bequeath " applies properly to the personal estate, 
only ; the word " devise " to real estate only. The safe way is to say,— 
"I give, bequeath, and devise my estate and property as follows : that is to 
say "—and then go on and tell what shall be done with this or that piece 
of property, or sum of money. 



140* COMMERCIAL PAPER* 

Note 3.— The person named in the will to carry it into effect is called 
the Executor ; if there be no person named as executor, or the executor 
declines to serve, the court will appoint an " Administrator," whose duty it 
will be to settle the estate according to the provisions of the will. 

Note 4.— Persons dying 1 without a will are said to die intestate ; in that 
case "administrators" are appointed to administer the estate. 

Note 5.— A codicil is a little additional will, changing the will as circum- 
stances may require. There can be but one will and that the last one ; but 
there can be any number of codicils. 

Note C. — All wills should contain words like these : "' I make this as my 
last will and testament, hereby revoking all former wills made by me," etc. 



DECLARATION OF INDEPENDENCE. 



m CONGKESS, JULY 4, 1776. 



The Unanimous Declaration of the Thirteen 
United States of America. 

When in the course of human events, it becomes neces- 
sary for one people to dissolve the political bands which 
have connected them with another, and to assume, 
among the powers of the earth, the separate and equal 
station to which the laws of nature and of nature's God 
entitles them, a decent respect to the opinions of man- 
kind requires that they should declare the causes which 
impel them to the separation. 

We hold these truths to be self-evident, that all men 
are created equal, that they are endowed by their Creator 
with certain unalienable rights, that among these are 
life, liberty, and the pursuit of happiness. That to 
secure these rights, governments are instituted among 
men, deriving their just powers from the consent of the 
governed; that whenever any form of government be- 
comes destructive of these ends, it is the right of the 
people to alter or to abolish it, and to institute new 
government; laying its foundation on such principles, 
and organizing its powers in such form as to them shall 
seem most likely to effect their safety and happiness. 
Prudence, indeed, will dictate, that governments long 

(123) 



124 DECLARATION OF INDEPENDENCE. 

established should not be changed for light and transient 
causes; and accordingly all experience hath shown that 
mankind are more disposed to suffer, while evils are 
sufferable, than to right themselves by abolishing the 
forms to which they are accustomed. But when a long 
train of abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under ab- 
solute despotism, it is their right, it is their duty, to 
throw off such government, and to provide new guards 
for their future security. 'Such has been the patient 
sufferance of these colonies, and such is now the neces- 
sity which constrains them to alter their former systems 
of government. The history of the present King of 
Great Britain is a history of repeated injuries and usurpa- 
tions, all having in direct object the establishment of an 
absolute tyranny over these States. To prove this, let 
facts be submitted to a candid world. 

He has refused his assent to laws, the most wholesome 
and necessary for the public good. 

He has forbidden his governors to pass laws of imme- 
diate and pressing importance, unless suspended in their 
operation till his assent should be obtained; and when 
so suspended he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommoda- 
tion of large districts of people, unless those people 
would relinquish the right of representation in the leg- 
islature, a right inestimable to them, and formidable to 
tyrants only. 

He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the depository 
of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 



DECLARATION OF INDEPENDENCE. 125 

He has dissolved representative houses repeatedly, for 
opposing with manly firmness his invasions on the rights 
of the people. 

He has refused for a long time, after such dissolutions, 
to cause others to be elected; whereby the legislative pow- 
ers, incapable of annihilation, have returned to the 
people at large for their exercise; the State remaining, 
in the meantime, exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavored to prevent the population of these 
States; for that purpose obstructing the laws for natur- 
alization of foreigners; refusing to pass others to encour- 
age their migrations hither, and raising the conditions 
of new appropriations of lands. 

He has obstructed the administration of justice by 
refusing his assent to laws for establishing judiciary 
powers. 

He has made judges dependent on his will alone, for 
the tenure of their offices, and the amount and payment 
of their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harass our people, and eat 
out their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislatures. 

He has affected to render the military independent of 
and superior to the civil power. 

He has combined with others to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our laws; giving his assent to their acts of pretended 
legislation: 

For quartering large bodies of armed troops among us: 



126 DECLARATION OF INDEPENDENCE. 

For protecting them, by a mock trial, from punish- 
ment for any murders which they should commit on the 
inhabitants of these States: 

For cutting off our trade with all parts of the world: 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of 
trial by jury: 

For transporting us beyond seas to be tried for pre- 
tended offences: 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to ren- 
der it at once an example and fit instrument for intro- 
ducing the same absolute rule into these colonies. 

For taking away our charters, abolishing our most 
valuable laws, and altering fundamentally the forms of 
our governments: 

For suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

He has abdicated government here, by declaring us out 
of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign 
mercenaries to complete the works of death, desolation 
and tyranny, already begun, with circumstances of 
cruelty and perfidy, scarcely parallelled in the most bar- 
barous ages, and totally unworthy the head of a civilized 
nation. 

He has constrained our fellow citizens, taken captive 
on the high seas, to bear arms against their country, to 



DECLARATION OF INDEPENDENCE. 127 

become the executioners of their friends and brethren, 
or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, 
and has endeavored to bring on the inhabitants of our 
frontiers the merciless Indian savages., whose known 
rule of warfare is an undistinguished destruction of all 
ages, sexes and conditions. 

In every stage of these oppressions we have petitioned 
for redress in the most humble terms; our repeated peti- 
tions have been answered only by repeated injury. A 
prince whose character is thus marked by every act 
which may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting in attentions to our British 
brethren. We have warned them from time to time, of 
attempts by their legislature to extend an unwarrantable 
jurisdiction over us. We have reminded them of the 
circumstances of our emigration and settlement here. 
We have appealed to their native justice and magnan- 
imity, and we have conjured them by the ties of our 
common kindred to disavow these usurpations, which 
would inevitably interrupt our connections and corres- 
pondence. They too have been deaf to the voice of 
justice and of consanguinity. We must, therefore, ac- 
quiesce in the necessity which denounces our separation, 
and hold them, as we hold the rest of mankind, enemies 
in war, in peace friends. 

We, therefore, the Eepresentatives of the United 
States of America, in General Congress assembled, ap- 
pealing to the Supreme Judge of the world for the recti- 
tude of our intentions, do, in the name, .and by authority 
of the good people of these colonies, solemnly publish 



128 DECLAKATIOK OF IKDEPESTDE^CE. 

and declare, that these United Colonies are, and of right 
ought to be, free and independent States ; they are ab- 
solved from all allegiance to the British crown, and that 
all political connection between them and the State of 
Great Britain is, and ought to be, totally dissolved; and 
that %& free and independent States, they have full power 
to levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which hide- 
pendent States may of right do. And for the support of 
this declaration, with a firm reliance on the protection 
of Divine Providence, we mutually pledge to each other 
our lives, our fortunes, and our sacred honor. 

Joh:n" Hajstcock, and 54 other signers. 



THE CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA. 



Preamble. 

"We the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this constitution for the United States of America. 

ARTICLE I,— Legislative. 

Section 1. — Congress. 
1. All legislative powers herein granted shall be vested 
in a congress of the United States, which shall consist 
of a senate and house of representatives. 

Section 2. — House of Eepresentatives. 

1. Election. — The house of representatives shall be 
composed of members chosen every second year by the 
people of the several states; and the electors in each 
State shall have the qualifications requisite for electors 
of the most numerous branch of the State legislature. 

2. Qualifications. — No person shall be a representa- 
tive who shall not (1) have attained to the age of twenty- 
five years, and (2) been seven years a citizen of the 

(129) 



130 CONSTITUTION OF THE UNITED STATES. [Art, I 

United States, and who shall not (3) when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Apportionment. — Eepresentatives and direct taxes 
shall be apportioned among the several States which may 
be included within this Union, according to their respec- 
tive numbers, which shall be determined by adding to 
the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years 
after the first meeting of the congress of the United 
States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The num- 
ber of representatives shall not exceed one for every 
thirty thousand, but each State shall have at least one 
representative; and until such enumeration shall be 
made, the State of New Hampshire shall be entitled to 
choose three; Massachusetts eight; Ehode Island and 
Providence Plantations, one; Connecticut, five; New 
York, six; New Jersey, four; Pennsylvania, eight; Dela- 
ware, one; Maryland six; Virginia, ten; North Carolina, 
five; South Carolina, five; and Georgia three. 

4. Vacancies. — When vacancies happen in the repre- 
sentation from any State, the executive authority there- 
of shall issue writs of election to fill such vacancies. 

5. Officers. — The house of representatives shall choose 
their speaker and other officers, and shall have the sole 
power of impeachment. 

Section 3. — Senate. 

1. Election. — The senate of the United States shall be 
composed of two senators from each State chosen by the 



Sec. 3] congress: organization. 131 

legislature thereof, for six years; and each senator shall 
have one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the 
senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at 
the expiration of the sixth year,, so that one-third may 
be chosen every second year; and if vacancies happen, 
by resignation or otherwise, during the recess of the 
legislature of any State, the executive thereof may 
make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. Qualifications. — No person shall be a senator who 
shall not have (1) attained the age of thirty years, and 
(2) been nine years a citizen of the United States, and 
who shall not (3) ? when elected, be an inhabitant of 
that State for which he shall be chosen. 

4. Officers. — The vice-president of the United States 
shall be president of the senate, but shall have no vote 
unless they be equally divided. 

5. The senate shall choose their other officers, and 
also a president pro tempore in the absence of the vice- 
president, or when he shall exercise the office of presi- 
dent of the United States. 

6. Impeachments. — The senate shall have the sole 
power to try all impeachments. When sitting for that 
purpose, they shall be on oath or affirmation. "When 
the president of the United States is tried, the chief 
justice shall preside; and no person shall be convicted 



132 CONSTITUTION OF THE UNITED STATES. [Art. I 

without the concurrence of two-thirds of the members 
present. 

7. Judgments in cases of impeachments shall not ex- 
tend further than to removal from office, and disquali- 
fication to hold and enjoy any office of honor, trust or 
profit under the United States; but the party convicted 
shall, nevertheless, be liable and subject to indictment, 
trial, judgment and punishment, according to law. 

Section 4. — Elections akd Meetings. 

1. Elections. — The times, places and manner of hold- 
ing elections for senators and representatives shall be pre- 
scribed in each State by the legislature thereof; but the 
congress may at any time by law make or alter such 
regulations, except as to the place of choosing senators. 

2. Meetings. — The congress shall assemble at least once 
in every year; and such meeting shall be on the first 
Monday in December, unless they shall by law appoint 
a different day. 

Section 5. — Organization. 

1. Quorum. — Each house shall be the judge of the 
elections, returns and qualifications of its own members, 
and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance 
of absent members, in such manner and under such 
penalties as each house may provide. 

2. Rules. — Each house may determine the rule of its 
proceedings, punish its members for disorderly behavior, 
and with the concurrence of two-thirds, expel a member. 

3. Journal. — Each house shall keep a journal of its 
proceedings, and from time to time publish the same, 



Sec. 7] congress: organization; 133 

excepting such parts as may, in their judgment, require 
secrecy; and the yeas and nays of the members of either 
house on any question shall, at the desire of one-fifth of 
those present, be entered* on the journal. 

4. Adjournment, — Neither house, during the session 
of congress, shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Section 6. — Members as Individuals. 

1. Pay and Privileges. — The senators and represen- 
tatives shall receive a compensation for their services, 
to be ascertained by law, and paid out of the treasury of 
the United States. They shall in all cases except treason, 
felony and breach of the peace, be privileged from arrest 
during their attendance at the sessions of their respective 
houses, and in going to and returning from the same; 
and for any speech or debate in either house they shall 
not be questioned in any other place. 

2. Prohibitions. — No senator or representative shall, 
during the time for which he was elected, be appointed 
to any civil office under the authority of the United 
States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; 
and no person holding any office under the United States 
shall be a member of either house during his continu- 
ance in office. 

Section 7. — Eevenue; The Veto. 
1. Revenue Bills. — All bills for raising revenue shall 
originate in the house of representatives; but the senate 
may propose or concur with amendments as on other 
bills. 



134 CONSTITUTION OF THE UNITED STATES. [Art. I 

2. The Veto. — Every bill which shall have passed the 
house of representatives and the senate shall, before it 
becomes a law, be presented to the president of the 
United States; if he approve, he shall sign it; but if not 
he shall return it, with his objections, to that house in 
which it shall have originated; who shall enter the ob- 
jections at large on their journal, and proceed to re- 
consider it. If, after such reconsideration, two-thirds 
of that house shall agree to J3ass the bill, it shall be sent, 
together with the objections, to the other house, by 
which it shall likewise be reconsidered; and, if approved 
hf two-thirds of that house, it shall become a law. But 
in all cases, the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting 
for and against the bill shall be entered on the v journal 
of each house respectively. If any bill shall not be 
returned by the president within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the 
same shall be a law in like manner as if he had signed it, 
unless the congress, by their adjournment, prevent its 
return, in which case it shall not be a law. 

3. Every order, resolution or vote, to which the 
concurrence of the senate and the house of representa- 
tives may be necessary (except on a question of adjourn- 
ment), shall be presented to the president of the United 
States; and, before the same shall take effect, shall be 
approved by him; or, being disapproved by him shall be 
repassed by two-thirds of the senate and house of repre- 
sentatives, according to the rules and limitations pre- 
scribed in the case of a bill. 



Sec. 8] congress: the veto; powers. 135 

Section 8. — Legislative Powers. 
The congress shall have power: 

1. To lay and collect taxes, duties, imposts, and ex- 
cises; to pay the debts and provide for the common 
defence and general welfare of the United States; but 
all duties, imposts and excises shall be uniform through- 
out the United States. 

2. To borrow money on the credit of the United 
States. 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies throughout 
the United States. 

5. To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures. 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 

7. To establish post-offices and post-roads. 

8. To promote the progress of science and useful arts, 
by securing for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries. 

9. To constitute tribunals inferior to the supreme 
court; to define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law 
of nations. 

10. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water. 



136 CONSTITUTION OF THE UNITED STATES. [Art. I 

11. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term 
than two years. 

12. To provide and maintain a navy. 

13. To make rules for the government and regulation 
of the land and naval forces. 

14. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions. 

15. To provide for organizing, arming and disciplin- 
ing the militia, and for governing such part of them as 
maybe employed in the service of the United States; re- 
serving to the States respectively the appointment of the 
officers and the authority of training the militia accord- 
ing to the discipline prescribed by congress. 

16. To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles square) 
as may, by cession of particular States, and the accept- 
ance of congress, become the seat of government of the 
United States; and to exercise like authority over all 
places purchased, by the consent of the legislature of the 
State in which the same shall be, for the erection of 
forts, magazines, arsenals, dockyards, and other needful 
buildings; and 

1 7. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this constitution in the 
government of the United States, or in any department 
or officer thereof. 

Section 9. — General Prohibitions. 
1. The migration or importation of such persons as 
any of the States now existing shall think proper to 



Sec. 10] congress: prohibitions. 137 

admit, shall not be prohibited by the congress prior to 
the year one thousand eight hundred and eight; but a 
tax or duty may be imposed on such importation not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or inva- 
sion, the public safety may require it. 

3. No bill of attainder, or ex post facto law shall be 
passed. 

4. No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration herein- 
before directed to be taken. 

5. No tax or duty shall be laid on any articles exported 
from any State. No preference shall be given by any 
regulation of commerce or revenue to the ports of one 
State over those of another; nor shall vessels bound to 
or from one State be obliged to enter, clear or pay duties 
in another. 

6. No money shall be drawn from the treasury but in 
consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures 
of all public money shall be published from time to 
time. 

7. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or 
trust under them shall, without the consent of the con- 
gress, accept of any present, emolument, office, of any 
kind whatever, from any king, prince, or foreign state. 

Section 10. — Prohibitions Upon the States. 

1. Absolute. — No State shall (1) enter into any treaty, 
alliance or confederation; (2) grant letters of marque 



138 CONSTITUTION OF THE UNITED STATES. [Art. II 

and reprisal; (3) coin money; (4) emit bills of credit; (5) 
make any thing but gold and silver coin a tender in pay- 
ment of debts; (6) pass any bill o % f attainer, ex post facto 
law, or law impairing the obligation of contracts; or (7) 
grant any title of nobility. 

2. Except ly Consent of Congress. — No State shall, 
without consent of congress, (1) lay any imposts or 
duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and 
the net produce of all duties and imposts laid. by any 
State on imports or exports shall be for the use of the 
treasury of the United States, and all such laws shall be 
subject to the revision and control of the congress. No 
State shall, without the consent of the congress, (2) lay 
any duty of tonnage, (3) keep troops or ships of war in 
time of peace, (4) enter into any agreement or compact 
with another State, or with a foreign power, or (5) en- 
gage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II— Executive. 

Section 1. — The President astd Vice-President. 

1. Election. — The executive power shall be vested in 
a president of the United States of America. He shall 
hold his office during the term of four years; and to- 
gether with the vice-president chosen for the same term, 
be elected as follows: 

2. Each State shall appoint, in such manner as the 
legislature thereof may direct a number of electors equal 
to the whole number of senators and representatives to 
which the State may be entitled in the congress; but no 
senator or representative, or person holding an office of 



Sec. 1] PRESIDENT AND VICE-PRESIDENT. 139 

trust or profit under the United States, sliall.be appointed 
an elector. 

(Paragraph 3 has been superseded and annulled by 
12th amendment. ) 

4. The congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes, which day shall be the same throughout the 
United States. 

5. Qualifications. — No person, except (1) a natural 
born citizen or a citizen of the United States at the 
time of the adoption of this constitution shall be eligible 
to the office of president; neither shall any person be 
eligible to that office who shall not have (2) attained to 
the age of thirty-five years, and (3) been fourteen years 
a resident within the United States. 

6. Vacancy.— In case of the removal of the president 
from ' office, or of his death, resignation or inablity to 
discharge the powers and duties of the said office, the 
same shall devolve on the vice-president; and the con- 
gress may, by law, provide for the case of removal, death, 
resignation or inability, both of the president and vice- 
president, declaring what officer shall then act as presi- 
dent, and such officer shall act accordingly, until the 
disability be removed, or a president shall be elected. 

7. Salary. — The president shall, at stated times, re- 
ceive for his services a compensation which shall neither 
be increased nor diminished during the period for which 
he shall have been elected; and he shall not receive within 
that period any other emolument from the United States, 
or any of them. ■ 

8. Oath. — Before he enter on the execution of his 
office, he shall take the following oath of affirmation: 



140 CONSTITUTION OF THE UNITED STATES. [Art. II 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of president of the United States; and 
will, to the best of my ability, preserve, protect and de- 
fend the constitution of the United States." 

Section 2. — Powees. 

1. The president shall be (1) commander-in-chief of 
the army and navy of the United States, and of the 
militia of the several States, when called into the actual 
service of the United States. He may (2) require the 
opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to 
the duties of their respective offices; and he shall (3) 
have power to grant reprieves and pardon for offences 
against the United States, except in cases of impeach- 
ment. 

2. He shall (4) have power, by and with the advice 
and consent of the senate, to make treaties, provided two- 
thirds of the senators present concur; and he shall (5) 
nominate, and by and with the advice and consent of 
the senate shall appoint, (a) ambassadors, (h) other pub- 
lic ministers and consuls, (c) judges of the supreme 
court, 'and (d) all other officers of the United States 
whose appointments are not herein otherwise provided 
for, and which shall be established by law. But the 
congress may, by law, vest the appointment of such 
inferior officers as they think proper, in the president 
alone, in the courts of law, or in the heads of depart- 
ments. 

3. The president shall (6) have power to fill up all 
vacancies that may happen during the recess of the 
senate, by granting commissions which shall expire at 
the end of their next session. 



Art. Ill] UNITED STATES COURTS. 141 

Section 3. 
1. He shall, from time to time, (7) give to the con- 
gress information of the state of the Union, and (8) 
recommend to their consideration such measures as he 
shall judge necessary and expedient. He may, (9) on 
extraordinary occasions, convene both houses, or either 
of them; and in case of disagreement between them 
with respect to the time of adjournment, he may 
(10) adjourn them to such time as he shall think 
proper. He shall (11) receive ambassadors and other 
public ministers. He shall (12) take care that the laws 
be faithfully executed; and shall (13) commission all the 
officers of the United States. 

Section 4. — Impeachments. 
1. The president, vice-president and all civil officers 
of the United States, shall be removed from office on im- 
peachment for, and conviction of, treason, bribery or 
other higher crimes or misdemeanors. 

ARTICLE III.- Judicial. 

Section 1. — Courts. 
1. The judicial power of the United States shall be 
vested in one supreme^ court, and in such inferior courts 
as the congress may, from time to time, ordain and 
establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior; 
and shall, at stated times, receive for their services a 
compensation, which shall not be diminished during 
their continuance in office. 

Section 2. — Jurisdiction. 
1. Extent. — The judicial power shall extend to (1) all 
cases in law and equity arising under this constitution, 



142 CONSTITUTION OF THE UNITED STATES. [Art. Ill 

the laws of the United States and treaties made, or 
which shall be made under their authority; to (2) all 
cases affecting ambassadors, other public ministers 
and consuls; to (3) all cases of admiralty and maritime 
jurisdiction; to (4) controversies to which the United 
States shall be a party; to controversies (5) between two 
or more States; (6) between a State and citizens of an- 
other State; (7) between citizens of different States; (8) 
between citizens of the same State claiming lands under 
grants of different States and (9) between a State, or 
the citizens thereof, and foreign States, citizens or sub- 
jects. 

* 

2. Original and appellate. — In all cases affecting 
ambassadors, other public ministers and consuls, and 
those in which a State shall be party, the supreme 
court shall have orginal jurisdiction. In all the other 
cases before mentioned, the supreme court shall have 
appellate jurisdiction, both as to law and fact, with such, 
exceptions and under such regulations as the congress 
may make. 

3. Criminal. — The trial of all crimes, except in cases 
of impeachment, shall be by jury, and such trial shall 
be held in the State where the said crimes shall have 
been committed; but when not committed within any 
State, the trial shall be at such place or places as the 
congress may by law have directed. 

Section 3. — Treason*. 
i 

1. Definition and proof . — Treason against the United 

States shall consist only in levying war against them or 
in adhering to tjieir enemies, giving them aid and com- 
fort. No person shall be convicted of treason, unless 



Art. IV] TKEAS0N. — KELATIONS OF STATES. 143 

on the testimony of two witnesses to the same overt act, 
or on confession in open court. 

2. Limit. — The congress shall have power to declare 
the punishment of treason; but no attainder of treason 
shall work corruption of blood, or forfeiture, except dur- 
ing the life of the person attained. 

ARTICLE IV.— Relations of States. 

Section 1. — Public Eecoeds. 

1. Full faith and credit shall be given in each State 
to the public acts, records and judicial proceedings of 
every other State; and the congress may, by general laws, 
prescribe the manner in which such acts, records and 
proceedings shall be proved, and the effect thereof. 

Section 2. — Eights oe Citizens. 

1. In other States. — The citizens of each State shall 
be entitled to all privileges and immunities of citizens in 
the several States. 

2. Extradition. — A person charged in any State with 
treason, felony or other crime, who shall flee from jus- 
tice, and be found in another State, shall, on demand 
of the executive authority of the State from which he 
fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. A relic of slavery. — No person held to service or 
labor in one State under the laws thereof, escaping into 
another shall, in consequence of any law or regulation 
therein, be discharged from such services or labor; but 
shall be delivered upon claim of the party to whom such 
service or labor may be due. 



144 constitution of the united states. [art.v 

Section 3. — New States and Territories. 

1. New States. — New States may be admitted by the 
congress into this Union; but no new State shall be formed 
or erected within the jurisdiction of any other State, 
nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the 
legislatures of the States concerned, as well as of the 
congress. 

2. Territories. — The congress shall have power to dis- 
pose of, and make all needful rules and regulations 
respecting, the territory or other property belonging to 
the United States; and nothing in this constitution 
shall be so construed as to prejudice any claims of the 
United States, or of any particular State. 

Section 4. — National Protection. 

1. The United States shall guarantee to every State in 
this union a republican form of government, and shall 
protect each of them against invasion; and, on applica- 
tion of the legislature, or of the executive (when the 
legislature cannot be convened), against domestic vio- 
lence. 

ARTICLE V.— Amendments. 

1. The congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments to 
this constitution; or, on the applications of the legisla- 
tures of two-thirds of the several States, shall call a con- 
vention for proposing amendments, which, in either 
«ase, shall be valid to all intents and purposes, as part 
oi dus constitution when ratified by the legislatures of 
three-fourths of the several States, or in conventions of 



Art. VII] NEW STATES. — AMENDMENTS. 145 

three-fourths thereof, as the one or the other mode of 
ratification may be proposed by congress; provided that 
no amendment, which may be made prior to the year 
one thousand eight hundred and eight, shall in any 
manner affect the first and fourth clause in the ninth 
section of the first article, and that no State without its 
consent, shall be deprived of its equal suffrage in the 
senate. 

ARTICLE VI.— Sundry Provisions. 

1. National debts. — All debts contracted and engage- 
ments entered into before the adoption of this constitu- 
tion shall be as valid against the United States under 
this constitution, as under the confederation. 

2. National law supreme. — This constitution, and 
the laws of the United States which shall be made in 
pursuance thereof, and all treaties made, or which shall 
be made under the authority of the United States, shall 
be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the constitu- 
tion or laws of any State to the contrary notwith- 
standing. 

3. Oaths. — The senators and representatives before 
mentioned, and members of the several State legislatures, 
and all executive and judicial officers, both of the United 
States and of the several States, shall be bound by oath 
or affirmation to support this constitution; but no 
religious test shall ever be required as a qualification to 
any office or public trust under the United States. 

ARTICLE VII.— Establishment. 

1. The ratification of the conventions of nine States 
shall be sufficient for the establishment of this constitu- 
tion between the States so ratifying the same. 



146 CONSTITUTION OF THE UNITED STATES. [Am ? S. 

[Constitution ratified by States 1787—1790.] 

AMENDMENTS. 
I.— Freedom of Religion, Speech, and Petition. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech or of the press; or 
the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. — 
(1791.) 

II.— Arms, 

A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. — (1791.) 

III.— Quartering of Soldiers. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of 
war but in a manner to be prescribed by law. — (1791.) 

IV.— Searcli Warrants. 

The right of the people to be secure in their persons, 
houses, paper and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrants shall 
issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. — (1791.) 

V.— Criminal Proceedings. 

No person shall be held to answer for a capital or 
otherwise infamous cringe, unless on a presentment or 
indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in actual 



I-IX] VARIOUS AMEKDMEHTS. 147 

service in time of war or public clanger; nor shall any 
person be subject for the same offence to be twice put in 
jeopardy of life or limb; nor shall be compelled, in any 
criminal case, to be a witness against himself, nor be 
deprived of life, liberty or property, without due process 
of law; nor shall private property be taken for public 
use without just compensation. — {1791.) 

VI.— Criminal Proceedings. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law; and to be informed of the 
nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have 
the assistance of counsel for his defence. (1791.) 

VII.— Trial l>y Jury, 

In suit's at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved; and no fact tried by a jury shall 
be otherwise re-examined in any court of the United 
States, than according to the rules of the common law. 
—(1791.) 

VIII.— Excessive Punishment. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 
(1791.) \ 

IX.— Riglits Not Named, 

The enumeration in the constitution of certain rights 



148 CONSTITUTION OF THE UNITED STATES. [Am's. 

shall not be construed to deny or disparage others re- 
tained by the people. — (1791.) 

X.— Powers Reserved. 

The powers not delegated to the United States by the 
constitution, nor prohibited to it by the States, are re- 
served to the States respectively, or to the people. — 
(1791.) 

XI.— Suits against States. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States 
by citizens of another State, or by citizens or subjects 
of any foreign State. — (1798.) 

XII.— Election of President. 

1. The electors shall meet in their respective State, 
and vote by ballot for president and vice-president, one 
of whom at least shall not be an inhabitant of the same 
State with themselves. They shall name in their bal- 
lots the persons voted for as president, and in distinct 
ballots the person voted for as vice-president; and they 
shall make distinct lists of all persons voted for as presi- 
dent, and for all persons voted for as vice-president, and 
of the number of votes for each; which lists they shall 
sign and certify, and transmit sealed to the seat of gov- 
ernment of the United States, directed to the president 
of the senate. The president of the senate shall, in tlie 
presence of the senate and house of representatives, open 
all of the certificates, and the votes shall be counted. 
The person having the greatest number of votes for 
president shall be president, if such number be a ma- 



VI-XIII] VAKIOUS AME^DMEKTS. 149 

jority of the whole number of electors appointed; and if 
no person have such majority, then from the persons 
having the highest number, not exceeding three, on the 
list of those voted for as president, the house of repre- 
sentatives shall choose immediately, by ballot, the presi- 
dent. But in choosing the president, the votes shall be 
taken by States, the representation from each State hav- 
ing one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and 
a majority of the States shall be necessary to a choice. 
And if the house of representatives shall not choose a 
president, whenever the right of choice shall devolve 
upon them, before the fourth day of March next follow- 
ing, then the vice-president shall act as president as in 
case of death or other constitutional disability of the 
president. 

2. The person having the greatest number of votes as 
vice-president shall be the vice-president, if such num- 
ber be a majority of the whole number of electors ap- 
pointed; and if no person have a majority, then from 
the two highest numbers on the list the senate shall 
choose the vice-president. A quorum for the purpose 
shall consist of two-thirds of the number of senators, 
and a majority of the whole number shall be necessary 
to a choice. 

3. But no person constitutionally ineligible to the 
office of president shall be eligible to that of vice-presi- 
dent of the United States.— (1804.) 

XXII.-Slavery. 

1. Neither slavery nor involuntary servitude, except 
as a punishment for crime, whereof the party shall have 



150 CONSTITUTION OP THE UNITED STATES. [Am'S. 

been duly convicted, shall exist within the United States, 
or any place subject to their jurisdiction. 

2. Congress shall have power to enforce this article by 
appropriate legislation. — (1865.) 

XIV.— Civil Rights. 

1. Civil rights. — All persons born or naturalized in 
the United States and subject to the jurisdiction there- 
of, are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce 
any law which shall abridge the privileges or immunities 
of the citizens of the United States; nor shall any State 
deprive any person of life, liberty or property, without 
due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

2. Apportionment of representatives. — Representa- 
tives shall be apportioned among the several States ac- 
cording to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for 
the choice of electors for president and vice-president of 
the United States, representatives in congress, the 
executive and judicial officers of a State, or the mem- 
bers of the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be re- 
duced in the proportion which the number of such male 
persons shall bear to the whole number of male citizens 
twenty-one years of age in such State. 



XIV-XV] VARIOUS AMEKDMEKTS. 151 

3. Political disabilities. — No person shall be a senator 
or representative in congress, or elector of president and 
vice-president, or hold any office, civil or military, 
under the United States, or under any State, who hav- 
ing previously taken an oath as a member of congress, 
or as an officer of the United States, or as any member 
of any State legislature, or as an executive or judicial 
officer of any State., to support the constitution of the 
United States, shall have engaged in insurrection or re- 
bellion against the same, or given aid or comfort to the 
enemies thereof. But congress may, by a two-thirds 
vote of each house, remove such disability. 

4. Public debt. — The validity of the public debt of the 
United States authorized by law, including debts in- 
curred for payment of pensions and bounties for services 
in suppressing insurrection and rebellion, shall not be 
questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United 
States, or any claim for loss or emancipation of any slave; 
but all such debts, obligations and claims shall be held 
illegal and void. 

5. The congress shall have power to enforce, by ap- 
propriate legislation, the provisions of this article. — 
(1868.) 

XV.— Suffrage. 

1. The right of the citizens of the United States to 
vote' shall not be denied or abridged by the United State s 
or by any State on account of race, color, or previous 
condition of servitude. 

2. The congress shall have power to enforce thisarticle 
by appropriate legislation. — (1870.) 



THE CONSTITUTION 

OF THE 

STATE OF NEW YORK. 

ADOPTED NOVEMBER 3, 1846 

AS AMENDED AND IN FORCE JANUARY 1, 1889. 



We the People of the State of New York, grateful to 
Almighty God for our Freedom, in order to receive its 
blessings, do establish this Constitution. 

ARTICLE I.— Individual Rights. 

1. Disfranchisement. — No member of this State shall 
be disfranchised, or deprived of any of the rights or 
privileges secured to any citizens thereof unless by the 
law of the land, or the judgment of his peers. 

2. Trial ly jury. — The trial by jury in all cases in 
which it has been heretofore used, shall remain inviolate 
forever; but a jury trial may be waived by the parties 
'in all civil cases in the manner to be prescribed by law. 

3. Religious liberty.— -The free exercise and enjoy- 
ment of religious profession and worship, without dis- 
crimination or preference, shall forever be allowed in 
this State to all mankind; and no person shall be ren- 
dered incompetent to be a witness on account of his 
opinions on matters of religious belief; but the liberty 
of conscience hereby secured shall not be so construed 
as to. excuse acts of licentiousness, or justify practices 
inconsistent with the peace or safety of this State. 

(153) 




154 CONSTITUTION OF NEW YOEK STATE. [Art. I 

4. Habeas corpus. — The privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cases of 
rebellion or invasion, the public safety may require its 
suspension. 

5. £ ail, fines. — Excessive bail shall not be required nor 
excessive fines imposed, nor shall cruel and unusual pun- 
ishments be inflicted, nor shall witnesses be unreason- 
ably detained. 

6. Grand jury. — No person shall be held to answer for 
a capital or otherwise infamous crime (except in cases 
of impeachment, and in cases of militia when in actual 
service; and the land and naval forces in time of war, 
or which this State may keep, with the consent of Con- 
gress, in time of peace; and in cases of petit larceny, 
under the regulation of the Legislature,) unless on pre- 
sentment or indictment of a grand jury; and in any 
trial in any court whatever the party accused shall be 
allowed to appear and defend in person and with coun- 
sel as in civil actions. No person shall be subject to be 
twice put in jeopardy for the same offence; nor shall he 
be compelled in any criminal case to be a witness 
against himself; nor be deprived of life, liberty or 
property without due process of law; nor shall private 
property be taken for public use, without just compen- 
sation. 

7. Private property and roads. — When private pro- 
perty shall be taken for any public use the compensa- 
tion to be made therefor, when such compensation is not 
made by the State, shall be ascertained by a jury or by 
not less than three commissioners appointed by a court 
of record, as shall be prescribed by law. Private roads 



Sees. 4-11] INDIVIDUAL RIGHTS. 155 

may be opened in the manner to be prescribed by law; 
but in every case the necessity of the road,, and the 
amount of all damage to be sustained by the opening 
thereof, shall be first determined by a jury of free- 
holders, and such amount, together with the expenses 
of the proceeding, shall be paid by the person to be 
benefited. 

8. Free speech and press, — -Every citizen may freely 
speak, write and publish his sentiments on all subjects, 
being responsible for the abuse of that right; and no 
law shall be passed to restrain or abridge the liberty of 
speech or of the press. In all criminal prosecutions or 
indictments for libels, the truth may be given in evi- 
dence to the jury; and if it shall appear to the jury, that 
the matter charged as libelous is true, and was published 
with good motives, and for justifiable ends, the party 
shall be acquitted; and the jury shall have the right to 
determine the law and the fact. 

9. Appropriation hills. — The assent of two- thirds of 
the members elected to each branch of the Legislature, 
shall be requisite to every bill appropriating the public 
moneys or property for local or private purposes. 

10. Petitions, divorces, lotteries.— "No law shall be 
passed abridging the right of the people peaceably to 
assemble and to petition the government, or any depart- 
ment thereof; nor shall any divorce be granted, other- 
wise than by due judicial proceedings; nor shall any 
lottery hereafter be authorized or any sale of lottery 
tickets allowed within this State. 

11. Property in lands.— -The people in this State, in 
their right of sovereignty are deemed to possess the 



156 CONSTITUTION OF NEW YOEK STATE. [Art. I 

original and ultimate property in and to all lands within 
the jurisdiction of the State; and all lands the title to 
which shall fail, from a defect to heirs, shall revert, or 
escheat to the people. 

12. Feudal tenures. — All feudal tenures of every 
description, with all their incidents, are declared to be 
abolished, saving however all rents and services certain 
which at any time heretofore have been lawfully created 
or reserved. 

13. Allodial tenure. — All lands within this State are 
declared to be allodial, so that, subject only to the 
liability to escheat, the entire and absolute property is 
vested in the owners, according to the nature of their 
respective estates. 

14. Limit of leases. — No lease or grant of agricultural 
land, for a longer period than twelve years, hereafter 
made, in which shall be reserved any rent or service of 
any kind, shall be valid. 

15. Fines, quarter sales. — All fines, quarter sales, or 
other like restraints upon alienation reserved in any 
grant of land, hereafter to be made, shall be void. 

16. Indian lands. — No purchase or contract for the 
sale of lands in this State made since the fourteenth day 
of October, one thousand seven hundred and seventy- 
five, or which may hereafter be made, of, or with the 
Indians, shall be valid, unless made under the authority, 
and with the consent of the Legislature. 

17. Codification of laws. — Such parts of the common 
law, and of the acts of the Legislature of the Colony of 
"New York, as together did form the law of the said 
Colony, on the nineteenth day of April, one thousand 



SeCS. 12-18] INDIVIDUAL EIGHTS. 157 

seven hundred and seventy-five, and the resolutions of 
the Congress of the said Colony, and of the convention 
of the State of'JSTew York, in force on the twentieth day 
of April, one thousand seven hundred and seventy-seven, 
which have not since expired, or been repealed or altered; 
and such acts of the Legislature of this State as are now 
in force, shall be and continue the law of this State, 
subject to such alterations as the Legislature shall make 
concerning the same. But all such parts of the common 
law and such of the said acts, or parts thereof, as are 
repugnant to this constitution, are hereby abrogated; 
and the Legislature, at its first session after the adoption 
of this constitution, shall appoint three commissioners, 
whose duty it shall be to reduce into a written and sys- 
tematic code the whole body of the law of this State, or 
so much and such parts thereof as to the said commis- 
sioners shall seem practicable and expedient. And the 
said commissioners shall specify such alterations and 
amendments therein as they shall deem proper, and 
they shall at all times make reports of their proceedings 
to the Legislature, when called upon to do so; and the 
Legislature shall pass laws regulating the tenure of 
office, the filling of vacancies therein, and the compen- 
sation of the said commissioners, and shall also provide 
for the publication of the said code, prior to its being 
presented to the Legislature for adoption. 

18. Grants of land. — All grants of land within the 
State, made by the king of Great Britain, or persons 
acting under his authority, after the fourteenth day of 
October, one thousand seven hundred and seventy-five, 
shall be null and void; but nothing contained in this 
constitution shall affect any grants of land within this 



158 CONSTITUTION OF NEW YOEK STATE. [Art. II 

State, made by the authority of the said king or his 
predecessors, or shall annul any charters to bodies politic 
and corporate, by him or them made, before that day; 
or shall affect any such grants or charters since made 
by this State, or by persons acting under its authority; 
or shall impair the obligation of any debts contracted by 
the State, or individuals, or bodies corporate, or any 
other rights of property, or any suits, actions, rights of 
action, or other proceedings in courts of justice. 

ARTICLE II.— Voters. 

1. Qualifications. — Every (1) male citizen (2) of the 
age of twenty-one years who shall have been (3) a citizen 
for ten days and (4) an inhabitant of this State one year 
next preceding an election, and (5) for the last four 
months a resident of the county and (6) for the last 
thirty days a resident of the election district in which 
he may offer his vote, shall be entitled to vote at such 
election in the election district of which he shall at the 
time be a resident^ and not elsewhere, for all officers that 
now are or hereafter may be elective by the people, and 
upon all questions which may be submitted to the vote 
of the people, provided that in time of war no elector 
in the actual military service of the State, or of the 
United States, in the army or navy thereof, shall be de- 
prived of his vote by reason of his absence from such 
election district; and the Legislature shall have power 
to proyide the manner in which and the time and place 
at which such absent electors may vote, and for the re- 
turn and canvass of their votes in the election districts 
in which they respectively reside. 

2. Bribery. — No person who shall receive, expect or 
offer to receive, or pay, offer or promise to pay, con- 



SeCS. 1-3] TOTEES AKD VOTING. 159 

tribute, offer or promise to contribute to another, to be 
paid or used, any money or other valuable thing as a 
compensation or reward for the giving or withholding a 
vote at an election, or who shall make any promise to 
influence the giving or withholding any such vote, or 
who shall make or become directly or indirectly inter- 
ested in any bet or wager depending upon the result of 
any election, shall vote at such election; and upon 
challenge for such cause, the person so challenged, be- 
fore the officers authorized for that purpose shall receive 
his vote, shall swear or affirm before such officers that 
he has not received or offered, does not expect to receive, 
has not paid, offered or promised to pay, contributed, 
offered or promised to contribute to another, to be paid 
or used, any money or other valuable thing as a com- 
pensation or reward for the giving or withholding a vote 
at such election, and has not made any promise to in- 
fluence the giving or withholding of any such vote, nor 
made or become directly or indirectly interested in any 
bet or wager depending upon the result of such election. 
The Legislature, at the session thereof next after the 
adoption of this section, shall, and from time to time 
thereafter may, enact laws excluding from the right of 
suffrage all persons convicted of bribery or of any in- 
famous crime. 

3. Residence. — For the purpose of voting, no person 
shall be deemed to have gained or lost a residence, by 
reason of his presence or absence, while employed in the 
service of the United States; nor while engaged in the 
navigation of the waters of this State, or of the United 
States, or the high seas; nor while a student of any 
seminary of learning; nor while kept at any alms-house, 



160 CONSTITUTION OP NEW YOEK STATE. [Art. Ill 

or other asylum, at public expense; nor while confined 
in any jmblic prison. 

4. Enactments. — Laws shall be made for ascertaining 
by proper proofs the citizens who shall be entitled to the 
right of sufferage hereby established. 

5. Election hy iallot.— All elections by the citizens 
shall be by ballot, except for such town officers as may 
by law be directed to be otherwise chosen. 

ARTICLE III.— The Legislature. 

1. Two Houses.— -The legislative power of this State 
shall be vested in a Senate and Assembly. 

2. How constituted. — The Senate shall consist of 
thirty-two members, and the Senators shall be chosen 
for two years. The Assembly shall consist of one hun- 
dred and twenty-eight members, who shall be annually 
elected. 

3. Senate districts. — The Senate shall be divided into 
thirty-two districts, to be called Senate districts, each 
of which shall choose one Senator. The districts shall 1 
be numbered from one to thirty-two inclusive.* 

4. How altered. — An enumeration of the inhabitants 
of the State shall be taken, under the direction of the 
Legislature, in the year one thousand eight hundred 
and fifty-five, and at the end of every ten years there- 
after; and the said districts shall be so altered by the 
Legislature, at the first session after the return of every 
enumeration, that each Senate district shall contain, as 
nearly as may be, an equal number of inhabitants, ex- 
cluding aliens, and persons of color not taxed; and shall 

*For existing Senate districts, see pages 52, 53, Northam's Civil Govern- 
ment. 



SeCS. 1-5 ] SENATE AKD ASSEMBLY DISTRICTS. 161 

remain unaltered until the return of another enumera- 
tion, and shall at all times consist of contiguous terri- 
tory; and no county shall be divided in the formation 
of a Senate district, except such county shall be equit- 
ably entitled to two or more senators. 

5. Assembly districts. — The Assembly shall consist of 
one hundred and twenty-eight members, elected for one 
year. The members of Assembly shall be apportioned 
among the several counties of the State, by the Legisla- 
ture, as nearly as may be, according to the number of 
their respective inhabitants, excluding aliens, and shall 
be chosen by single districts.* The Assembly districts 
shall remain as at present organized, until after the 
enumeration of the inhabitants of the State, in the year 
eighteen hundred and seventy-five. The Legislature, at 
its first session after the return of every enumeration, 
shall apportion the Members of Assembly among the 
several counties of the State, in manner aforesaid, and the 
board of supervisors in such counties as may be entitled, 
under such apportionment, to more than one member, 
except the city and county of New York, and in said 
city and county the board of aldermen of said city shall, 
assemble at such time as the Legislature making such 
apportionment shall prescribe, and divide their respec- 
tive counties into Assembly districts, each of which dis- 
tricts shall consist of convenient and contiguous territory, 
equal to the number of members of Assembly to which 
such counties shall be entitled; and shall cause to be filed 
in the offices of the Secretary of State and of the clerks 
of their respective counties a description of such dis- 

* For existing Assembly Districts, see pages 53, 54, Nortnam's Civil Gov- 
ernment. 



162 CONSTITUTION OF NEW YORK STATE. [Art. Ill 

tricts, specifying the number of each district and the 
jDopulation thereof, according to the last preceding 
enumeration as near as can be ascertained; and the 
apportionment and districts shall remain unaltered until 
another enumeration shall be made as herein provided. 
No town shall be divided in the formation of Assembly 
districts. Every county heretofore established and 
separately organized, except the county of Hamilton, 
shall always be entitled to one member of the Assembly, 
and no new county shall be hereafter erected, unless the 
population shall entitle it to a member. The county of 
Hamilton shall elect with the county of Fulton, until the 
population of the county of Hamilton, shall according to 
the ratio, be entitled to a member. But the Legislature 
may abolish the said county of Hamilton, and annex 
the territory thereof to some other county or counties. 
Nothing in this section shall prevent division at any 
time of counties and towns, and the erection of new 
towns and counties by the Legislature. 

6. Salary of members.— Each member of the ^Legis- 
lature shall receive for his services an annual salary of 
one thousand five hundred dollars. The members of 
either house shall also receive the sum of one dollar for 
every ten miles they shall travel, in going to and 
returning from their place of meeting, once in each 
session, on the most usual route. Senators, when the 
Senate alone is convened in extraordinary session, or 
when serving as members of the Court for the trial for 
impeachments, and such members of the Assembly, not 
exceeding nine in number, as shall be appointed man- 
agers of an impeachment, shall receive an additional 
allowance of ten dollars a day. 



SeCS. 5-10] THE LEGISLATIVE. 163 

7. Prohibitions. — jSTo member of the Legislature shall 
receive any civil appointment within this State,, or the 
Senate of the United States, from the Governor, the 
Governor and Senate, or from the Legislature, or from 
any city government during the time for which he shall 
have been elected; and all such appointments and all 
votes given for any such member for any such office or 
appointment shall be void. 

8. Disqualifications. — No person shall be eligible to 
the Legislature who, at the time of his election, is, or 
within one hundred days previous thereto has been, a 
member of congress, a civil or military officer under the 
United States, or an officer under any city government; 
and if any person shall, after election as a member of 
the Legislature, be elected to Congress, or appointed to 
any office, civil or military, under the government of 
the United States, or under any city government, his 
acceptance thereof shall vacate his seat. 

9. Election.— The elections of Senators and Mem- 
bers of Assembly, pursuant to the provisions of this 
Constitution, shall be held on the Tuesday succeeding 
the first Monday of November, unless otherwise directed 
by the Legislature. 

10. Rules of the house. — A majority of each house 
shall constitute a quorum to do business., Each house 
shall determine the rules of its ow T n proceedings, and be 
the judge of the elections, returns and qualifications of 
its own members; shall choose its own officers; and the 
Senate shall choose a temporary president, when the 
Lieutenant Governor shall not attend as president, or 
shall act as Governor. 



164 CONSTITUTION OF NEW YORK STATE. [Art. Ill 

11. Journals. — Each house shall keep a journal of its 
proceedings, and publish the same, except such parts as 
may require secrecy. The doors of each house shall be 
kept open, except when the public welfare shall require 
secrecy. Neither house shall, without the consent of the 
other, adjourn for more than two days. 

12. Privilege.— For any speech or debate in either 
house of the Legislature, the member shall not be 
questioned in any other place. 

13. Bills. — Any bill may originate in either house of 
the Legislature, and all bills passed by one house may 
be amended by the other. 

14. Enacting clause. — The enacting clause of all bills 
shall be, c The people of the State of New York, repre- 
sented in Senate and Assembly, do enact as follows/ 
and no law shall be enacted except by bill. 

15. Majority. — No bill shall be passed unless by the 
assent of a majority of all the members elected to each 
branch of the Legislature, and the question upon the 
final passage shall be taken immediately upon its last 
reading and the yeas and nays entered on the journal. 

16. Private bills. — No private or local bill, which 
may be passed by the Legislature, shall embrace more 
than one subject, and that shall be expressed in the 
title. 

17. Restrictions. — No act shall be passed which shall 
provide that any existing law, or any part thereof, shall 
be made or deemed a part of said act, or which shall 
enact that any existing law or part thereof, shall be ap- 
plicable, except by inserting it in such act. 



SeCS. 11-18] THE LEGISLATURE. 165 

18. Further restrictions.— The Legislature shall not 
pass a private or local bill in any of the following cases: 

Changing the names of persons. 

Laying out, opening, altering, -working or discontinu- 
ing roads, highways or alleys, or for draining swamps or 
other low lands. 

Locating or changing county seats. 

Providing for changes of venue in civil or criminal 
cases. 

Incorporating villages. 

Providing for election of members of boards of super- 
visors. 

Selecting, drawing, summoning or impaneling grand 
or petit jurors. 

Eegulating the rate of interest on money. 

The opening and conducting of elections or designat- 
ing places of voting. 

Creating, increasing or decreasing fees, percentage or 
allowances of public officers, during the term for which 
said officers are elected or appointed. 

Granting to any corporation, association or individual 
the right to lay down railroad tracks. 

Granting to any private corporation, association or 
individual any exclusive privilege, immunity or fran- 
chise whatever. 

Providing for building bridges, and chartering com- 
panies for such purposes, except on the Hudson river 
below Waterford, and on the East river, or over the 
waters forming a part of the boundaries of the State. 

The Legislature shall pass general laws providing for 
the cases enumerated in this section, and for all other 
cases which in its judgment may be provided for by 



166 constitution or new york state. [Art. Ill 

general laws. But no law shall authorize the construc- 
tion or operation of a street railroad except upon the 
condition that the consent of the owners of one-half 
in value the property bounded on, and the consent also 
of the local authorities haying the control of that portion 
of a street or highway upon which it is proposed to con- 
struct or operate such railroad be first obtained; or in 
case the consent of such property owners cannot be 
obtained, the general term of the supreme court, in 
the district in which it is proposed to be constructed, 
may, upon application, appoint three commissioners 
who shall determine, after a hearing of all parties 
interested, whether such railroad ought to be con- 
structed or operated, and their determination, confirmed 
by the court, may be taken in lieu of the consent of the 
property owners. 

19. Auditing, — The Legislature shall neither audit 
nor allow any private claim or account against the State, 
but may appropriate money to pay such claims as shall 
have been audited and allowed according to law. 

20. Tax Mils. — Every law which imposes, continues 
or revives a tax shall distinctly state the tax and the 
object to which it is to be applied, and it shall not be 
sufficient to refer to any other law to fix such tax or 
object. 

21. On the final passage, in either house of the Leg- 
islature, of any act which imposes, continues or revives 
a tax, or creates a debt or charge, or makes, continues 
or revives any appropriation of public or trust money or 
property, or releases, discharges or commutes any claim 
or demand of the State, the question shall be taken by 



Sees. 19-25] legislatuke ; executive. 167 

yeas and nays, which shall be duly entered upon the 
journals, and three-fifths of all the members elected to 
either house shall, in all such cases, be necessary to 
constitute a quorum therein. 

22. Supervisors. — There shall be in the several coun- 
ties, except in cities whose boundaries are the same as 
those of the county, a board of supervisors, to be com- 
posed of such members, and elected in such manner, 
and for such period, as is or may be provided by law. 
In any such city the duties and powers of a board of 
supervisors may be devolved upon the common council 
or board of aldermen thereof. 

23. Local legislation.— The Legislature shall, by gen- 
eral laws, confer upon the boards of supervisors of the 
several counties of the State, such further powers of 
local legislation and administration as the legislature 
may from time to time deem expedient. 

24. Compensation. — The Legislature shall not, nor 
shall the common council of any city nor any board of 
supervisors, grant any extra compensation to any public 
officer, servant, agent or contractor. 

25. Restriction on 17> 18. — Sections seventeen and 
eighteen of this article shall not apply to any bill, or the 
amendments to any bill, which shall be reported to the 
Legislature by Commissioners who have been appointed 
pursuant to law to revise the Statutes. 

ARTICLE IV.— Executive Department. 

1. Officers. — The executive power shall be vested in a 

Governor, who shall hold his office for three years; a 

Lieutenant-Governor shall be chosen at the same time, 

and for the same term. The Governor and Lieutenant- 



168 CONSTITUTION OF NEW YORK STATE. [Art. IV 

Governor elected next preceeding the time when this 
section shall take effect shall hold office during the term 
for which they were elected. 

2. Eligibility. — No person shall be eligible to the office 
of Governor or Lieutenant-Governor, except (1) a citi- 
zen of the United States, (2) of the age of not less than 
thirty years, and (3) who shall have been five years, 
next preceding his election, a resident of this State. 

3. Election. — The Governor and Lieutenant-Governor 
shall be elected at the times and places of choosing mem- 
bers of the Assembly. The persons respectively having 
the highest number of votes for Governor and Lieuten- 
ant-Governor, shall be elected; but in case two or more 
shall have an equal and the highest number of votes for 
Governor, or for Lieutenant-Governor, the two houses of 
the Legislature, at its next annual session, shall, forth- 
with, by joint ballot, choose one of the said persons so 
having an equal and the highest number of votes for 
Governor or Lieutenant-Governor. 

4. Duties of the Governor. — The Governor shall be 
Commander-in-Chief of the military and naval forces of 
the State. He shall have power to convene the Legisla- 
ture (or the Senate only) on extraordinary occasions. 
At extraordinary sessions no subject shall be acted upon, 
except such as the Governor may recommend for con- 
sideration. He shall communicate by message to the 
Legislature at every session the condition of the State, 
and recommend such matters to them as he shall judge 
expedient. He shall transact all necessary business with 
the officers of government, civil and military. He 
shall expedite all such measures as may be resolved 



SeCS. 1-6] EXECUTIVE DEPAKTMENT. 169 

upon by the Legislature, and shall take care that the 
laws are faithfully executed. He shall receive for his 
services an annual salary of ten thousand dollars, and 
there shall be provided for his use a suitable and fur- 
nished executive residence. 

5. Pardons. — The Governor shall have the power to 
grant reprieves, commutations and pardons after convic- 
tion, for all offences except treason and cases of im- 
peachment, upon such conditions, and with such 
restrictions and limitations, as he may think proper, 
subject to such regulations as may be provided by law 
relative to the manner of applying for pardons. Upon 
conviction for treason, he shall have power to suspend 
the execution of the sentence, until the case shall be 
reported to the Legislature at its next meeting, when 
the Legislature shall either pardon, or commute the 
sentence, direct the execution of the sentence, or grant 
a further reprieve. He shall annually communicate to 
the Legislature each case of reprieve, commutation or 
pardon granted; stating the name of the convict, the 
crime of which he was convicted, the sentence and its 
date, and the date of the commutation, pardon or re- 
prieve. 

6. Power may devolve on the Lt. Gov. — In case of im- 
peachment of the governor, or his removal from office, 
death, inability to discharge the powers and duties of 
the said office, resignation or absence from the State, 
the powers and duties of the office shall devolve upon 
the Lieutenant-Governor for the residue of the term, or 
until the disability shall cease. But when the Gover- 
nor shall, with the consent of the Legislature, be out 
of the State in time of war, at the head of a military 



170 CONSTITUTION OF NEW YORK STATE. [Art. IV 

force thereof, he shall continue commander-in-chief of 
all the military forces of the State. 

7. Duties of Lt. Governor. — The Lieutenant-Gover- 
nor shall possess the same qualifications of eligibility for 
office as the Governor. He shall be president of the 
Senate, but shall have only a casting vote therein. If, 
during a vacancy the office of Governor, the Lieuten- 
ant-Governor shall be impeached, displaced, resign, die, 
or become incapable of performing the duties of his 
office, or be absent from the State, the president of the 
Senate shall act as Governor until the vacancy be filled, 
or the disability shall cease. 

8. Salary.— -The Lieutenant-Governor shall receive 
for his services an annual salary of five thousand dollars, 
and shall not receive or be entitled to any other com- 
pensation, fee or perquisite for any duty or service he 
may be required to perform by the constitution or by 
law. 

9. The #££<9.— Every bill which shall have passed the 
Senate and Assembly shall, before it becomes a law, be 
presented to the Governor; if he approve, he shall sign 
it; but if not, he shall return it with his objections to 
the house in which it shall have originated, which shall 
enter the objections at large on the journal, and pro- 
ceed to reconsider it. If, after such reconsideration, 
two-thirds of the members elected to that house shall 
agree to pass the bill, it shall be sent together with the 
objections to the other house by which it shall likewise 
be reconsidered; and if approved by two-thirds of the 
members elected to that house, it shall become a law 
notwithstanding the objections of the Governor. In 



SeCS. 7-9] EXECUTIVE DEPAKTMENT. 171 

all such, eases the votes in both houses shall be deter- 
mined by yeas and nays, and the names of the members 
voting shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the 
Governor within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the 
Legislature shall by their adjournment, prevent its 
return, in which case it shall not become a law without 
the approval of the Governor. No bill shall become a 
law after the final adjournment of the Legislature, unless 
approved by the Governor within thirty days after such 
adjournment. If any bill presented to the Governor 
contain several items of appropriation of money, he may 
object to one or more of such items while approving of 
the other portion of the bill. In such case, he shall 
append to the bill, at the time of signing it, a statement 
of the items to which he objects; and the appropriation 
so objected to shall not take effect. If the Legislature 
be in session, he shall transmit to the house in which 
the bill originated a cojoy of such statement, and the 
items objected to shall be separately reconsidered. If, 
on reconsideration, one or more of such items be 
approved by two-thirds of the members elected to each 
house, the same shall be part of the law, notwithstand- 
ing the objections of the Governor. All the provisions 
of this section, in relation to bills not approved by the 
Governor, shall apply in cases in which he shall with- 
hold his approval from any item or items contained in 
a bill appropriating money. 



172 CONSTITUTION OF NEW YOBK STATE. [Art. V 

ARTICLE V.— Other State Officers. 

1. Secretary of State, Comptroller, Treasurer, Attor- 
ney- General. — The Secretary of State, Comptroller, 
Treasurer, aud Attorney-General shall be chosen at a 
general election, and shall hold their offices for two 
years. " Each of the officers in this article named (except 
the Speaker of the Assembly) shall at stated times dur- 
ing his continuance in office, receive for his services a 
compensation, which shall not be increased or dimin- 
ished during the term for which he shall have been elect- 
ed; nor shall he receive, to his use, any fees or perquisites 
of office, or other compensation. 

2. Engineer and Surveyor. — A State Engineer and 
Surveyor shall be chosen at a general election, and shall 
hold his office two years; but no person shall be elected 
to said office who is not a practical engineer. 

3. Superintendent of Public Works. — The Superin- 
tendent of Public Works shall be appointed by the 
Governor, by and with the advice and consent of the 
Senate, and hold his office until the end of the term of 
the Governor by whom he was nominated, and until his 
successor is appointed and qualified. He shall receive a 
compensation to be fixed by law. He shall be required 
by law to give security for the faithful execution of 
his office before entering upon the duties thereof. He 
shall be charged with the execution of all laws relating 
to the repair and navigation of the canals, and also of 
those relating to the construction and improvement of 
the canals, except so far as the execution of the laws 
relating to such construction or improvement shall be 
confided to the State Engineer and Surveyor; subject 



SeCS. 1-3] 0THEK STATE OFFICERS. 173 

to the control of the Legislature, he shall make the rules 
and regulations for the navigation or use of the canals. 
He may be suspended or removed from office by the 
Governor, whenever, in his judgment, the public inter- 
est shall so require; but in case of the removal of such 
Superintendent of Public Works from office, the Gover- 
nor shall file with the Secretary of State a statement of 
the cause of such removal, and shall report such removal, 
and the cause thereof, to the Legislature at its next 
session. 

The Superintendent of Public "Works shall appoint 
not more than three assistant superintendents, whose 
duties shall be prescribed by him, subject to modifica- 
tion by the Legislature, and who shall receive for their 
services a compensation to be fixed by law. They shall 
hold their office for three years, subject to suspension or 
removal by the Superintendent of Public Works, when- 
ever, in his judgment, the public interest shall so require. 
Any vacancy in the office of any such assistant-superin- 
tendent shall be filled for the remainder of the term for 
which he was appointed, by the Superintendent of Pub- 
lic Works; but in case of the suspension or removal of 
any such assistant-superintendent by him, he shall at 
once report toihe Governor, in writing, the cause of such 
removal. All other persons employed in the care and 
management of the canals, except collectors of tolls, 
and those in the department of the State Engineer and 
Surveyor, shall be appointed by the Superintendent of 
Public Works, and be subject to suspension or removal 
by him. The office of Canal Commissioner is abolished 
from and after the appointment and qualification of the 
Superintendent of Public Works, until which time the 



174. CONSTITUTION OF NEW YORK STATE. [Art. V 

Canal Commissioners shall continue to discharge their 
duties as now provided by law. The Superintendent of 
Public Works shall perform all the duties of the Canal 
Commissioners and board of Canal Commissioners, as 
now declared by law, until otherwise provided by the 
Legislature. The Governor, by and with the advice and 
consent of the Senate, shall have power to fill vacancies 
in the office of Superintendent of Public Works; if the 
Senate be not in session, he may grant commissions 
which shall expire at the end of the next succeeding ses- 
sion of the Senate. . ' 

4. Supt. of State Prisons, — A Superintendent of 
State Prisons shall be appointed by the Governor, by 
and with the advice and consent of the Senate, and hold 
his office for five years unless sooner removed; he shall 
give security in such amount, and with such sureties 
as shall be required by law for the faithful discharge of 
his duties ; he shall have the superintendence, manage- 
ment and control of State Prisons, subject to such 
laws as now exist or may hereafter be enacted; he shall 
appoint the agents, wardens, physicians and chaplains 
of the prisons. The agent and warden of each prison 
shall appoint all other officers of such prison, except the 
clerk, subject to the approval of the same by the Super- 
intendent. The Comptroller shall appoint the clerks of 
the prisons. The Superintendent shall have all the 
powers and perform all the duties not inconsistent here- 
with, which have heretofore been had and performed by 
the Inspectors of State Prisons ; and from and after 
the time when such Superintendent of State Prisons 
shall have been appointed and qualified, the office of 
Inspector of State Prisons shall be and hereby is abol- 



Sees. 4-8] state PKisoisrs: lastd office. 175 

ished. The Governor may remove the Superintendent 
for cause at any time, giving to him a copy of the charges 
against him, and an opportunity to be heard in his 
defence. 

5. Commissioners of the Land Office. — The Lieuten- 
ant-Governor, Speaker of the Assembly, Secretary of 
State, Comptroller, Treasurer, Attorney-General, and 
State Engineer and Surveyor, shall be the Commissioners 
of the Land Office. The Lieutenant-Governor, Secretary 
of State, Comptroller, Treasurer, and Attorney-General 
shall be the Commissioners of the Canal Fund. The 
Canal Board shall consist of the Commissioners of the 
Canal Fund, the State Engineer and Surveyor, and the 
Canal Commissioners. 

6. Poivers and duties. — The powers and duties of the 
respective Boards, and of the several officers in this 
article mentioned, shall be such as now are or hereafter 
may be prescribed by law. 

7. Treasurer may he suspended. — The Treasurer may 
be suspended from office by the Governor, during the 
recess of the Legislature, and until thirty days after the 
commencement of the next session of the Legislature, 
whenever it shall appear to him that such Treasurer 
has, in any particular, violated his duty. The Gover- 
nor shall appoint a competent person to discharge the 
duties of the office, during such suspension of the 
Treasurer. 

8. Certain offices abolished. — All offices for the weigh- 
ing, gauging, measuring, culling or inspecting any 
merchandise, produce, manufacture or commodity what- 
ever, are hereby abolished, and no such office shall here- 



176 CONSTITUTION OF NEW YORK STATE. [Art. VI 

after be created by law; but nothing in this section con- 
tained, shall abrogate any office created for the purpose 
of protecting the public health or the interests of the 
State in its property, revenue, tolls, or purchases, or of 
supplying the people with correct standards of weights 
and measures, or shall prevent the creation of any office 
for such purposes hereafter. 

ARTICLE VI.— Judiciary. 

1. Impeachment. — The Assembly shall have the 
power of impeachment, by a vote of a majority of all 
the members elected. The court for the trial of im- 
peachment shall be composed of the President of the 
Senate, the Senators, or a major part of them, and the 
Judges of the Court of Appeals, or the major part of 
them. On the trial of an impeachment against the 
Governor, the Lieutenant-Governor shall not act as a 
member of the court. No judicial officer shall exercise 
his office, after articles of impeachment against him 
shall have been preferred to the Senate, until he shall 
have been acquitted. Before the trial of an impeach- 
ment, the members of the court shall take an oath 01 
affirmation, truly and impartially* to try the impeach- 
ment, according to evidence; and no person shall be 
convicted without the concurrence of two-thirds of the 
members present. Judgment in cases of impeachment 
shall not extend further than to removal from office, or 
removal from office and disqualification to hold and 
enjoy any office of honor, trust, or profit under this 
State; but the party impeached shall be liable to indict- 
ment and punishment according to law. 

2. Court of Appeals. — There shall be a Court of 
Appeals, composed .of a Chief Judge and six Associate 



SeCS. 1-3] JUDICIAKY. 17? 

Judges, who shall be chosen by the electors of the State, 
and shall hold their office for the term of fourteen years 
from and including the first day of January next after 
their election. At the first election of judges, under 
this Constitution, every elector may vote for the Chief 
and only four of the associate Judges. Any five mem- 
bers of the court shall form a quorum, and the concur- 
rence of four shall be necessary to a decision. The 
court shall have the appointment, with the power of 
removal, of its reporter and clerk, and of such attend- 
ants as may be necessary. 

3. Vacancies filled. — When a vacancy shall occur, 
otherwise than by expiration of term, in the office of 
Chief or Associate Judge of the Court of Appeals, the 
same shall be filled, for a full term, at the next general 
election happening not less than three months after 
such vacancy occurs; and until the vacancy shall be so 
filled, the Governor by and with the advice and consent 
of the Senate, if the Senate shall be in session, or if not 
the Governor alone may appoint to fill such vacancy. 
If any such appointment of Chief Judge shall be made 
from among the associate judges, a temporary appoint- 
ment of associate judge shall be made in like manner; 
but in such case, the person appointed Chief Judge 
shall not be deemed to vacate his office of associate judge 
any longer than until the expiration of his appointment 
as Chief Judge. The powers and jurisdiction of the 
court shall not be suspended for want of appointment 
or election, when the number of judges is sufficient to 
constitute a quorum. All appointments under this 
section shall continue until and including the last day 



178 constitution or new york state. [Art. VI 

of December next after the election at which the vacancy 
shall be filled. 

(Sections 4 and 5 were temporary provisions, now obsolete.) 

6. Supreme Court. — There shall be the existing Su- 
preme Courts with general jurisdiction in law and equity, 
subject to such appellate jurisdiction of the Court of 
Appeals as now is or may be prescribed by law; and it 
shall be composed of the justices now in office, with one 
additional justice, to be elected as hereinafter provided, 
who shall be continued during their respective terms, 
and of their successors. The existing judicial districts 
of the State are continued until . changed pursuant to 
this section.* Five of the justices shall reside in the 
district in which is the city of lS r ew York, and four in 
each of the other districts. The Legislature may alter 
the districts without increasing the number, once after 
every enumeration, under this Constitution, of the in- 
habitants of the State. 

"Whenever and as often as there shall be such an ac- 
cumulation of causes on the calendar of the Court of 
Appeals that the public interest requires a more speedy 
disposition thereof, the said court may certify such fact 
to the Governor, who shall thereupon designate seven 
Justices of the Supreme Court to act as Associate Jus- 
tices for the time being of the Court of Appeals and to 
form a second division of said court, and who shall act 
as such until all the causes upon the said calendar at 
the time of making such certificate are determined, or 
the Judges of said court elected as such shall certify to 
the Governor that such causes are substantially disposed 

* For judicial districts as now constituted, see Northam's Civil Govern- 
ment, pp. xi, 81, 82. 



Sees. 3-6] SUPREME COURT. 179 

of; and on receiving such certificate the Governor may 
declare said second division dissolved, and the designa- 
tion of Justices to serve thereon shall thereupon expire. 
The second division of said court hereby authorized to 
be constituted shall be competent to determine any 
cause on said calendar which may be assigned to such 
division by the court composed of Judges elected to 
serve in the Court of Apjoeals, and that court may at 
any time before judgment direct any of the causes so 
assigned to be restored to its calendar for hearing and 
decision. The rules of practice in both divisions shall 
be the same. Five members of the court shall be suf- 
ficient to form a quorum for said second division and 
the concurrence of four shall be necessary for a decision. 
The Judges composing said second division shall ap- 
point from their number a Chief Justice Judge of such 
division and the Governor may from time to time when 
in his judgment the public interests may require change 
the designation of any Justice of the Supreme Court to 
serve in such division, and may fill any vacancy oc- 
curring therein by designating any Justice of the 
Supreme Court to fill any vacancj^. 

Said second division may appoint and remove a crier 
and such attendants as maybe necessary. 

The Judges composing said second division shall not 
during the time of service therein exercise any of the 
functions of Justices of the Supreme Court nor receive 
any salary or compensation as such Justice, but in lieu 
thereof shall during such term of service receive the 
same compensation as the Associate Judges of the 
Court of Appeals. They shall have power to appoint 
the times and places of their sessions within this State, 



180 CONSTITUTION OF NEW YORK STATE. [Art. VI 

and the Clerk and Eeporter of the Court of Appeals 
shall be the Clerk and Eeporter of said second division. 

7. General terms. — At the first session of the Legisla- 
ture, after the adoption of this article, and from time 
to time thereafter as may be necessary, but not oftener 
than once in five years, provisions shall be made for 
organizing, in the Supreme Court, not more than four 
general terms thereof, each to be composed of a presid- 
ing justice, and not more than three other justices, who 
shall be designated according to law, from the whole 
number of justices. Each presiding justice shall con- 
tinue to act as such during his term of office. Provis- 
ions shall be made by law for holding the general terms 
of each judicial district. Any justice of the Supreme 
Court may hold special terms and Circuit Courts, and 
may preside in Courts of Oyer and Terminer, in* any 
county. 

8. Review of decisions. — No judge or justice shall sit, 
at a general term of any court, or in the Court of Ap- 
peals, in review of a decision made by him, or by any 
court of which he was at the time a sitting member. 
The testimony in equity cases shall be taken in like 
manner as in cases at law; and except as herein other- 
wise provided, the Legislature shall have the same 
power to alter and regulate the jurisdiction and pro- 
ceedings in law and equity that they have heretofore 
exercised. 

9. Vacancies filled.- — "When a vacancy shall occur, 
otherwise than by expiration of term, in the office of 
Justice of the Supreme Court, the same shall be filled, 
for a full term, at the next general election happening 



Sees. 6-12] judiciary. 181 

not less than three months after such vacancy occurs| 
and until any yacancy shall be so filled, the Governor, 
by and with the advice and consent of the Senate, if the 
Senate shall be in session, or if not in session, the Gov- 
ernor may appoint to fill such vacancy. Any such ap- 
pointment shall continue until and including the last 
day of December next after the election at which the 
vacancy shall be filled. 

10. Prohibitions. — The Judges of the Court of Ap- 
peals, and the Justices of the Supreme Court, shall not 
hold any other office or public trust. All votes for any 
of them*, for any other than a judicial office, given by 
the Legislature or the people, shall be void. 

11. Removal. — Judges of the Court of Appeals, and 
Justices of the Supreme Court, may be removed by con- 
current resolution of both houses of the Legislature, if 
two-thirds of all the members elected to each house 
concur therein. All judicial officers, except those 
mentioned in this section, and except Justices of the 
Peace and Judges and Justices of inferior courts not of 
record, may be removed by the Senate, on the recom- 
mendation of the Governor, if two-thirds of all the 
members elected to the Senate concur therein. But no 
removal shall be made, by virtue of this section, unless 
the cause thereof be entered on the journals, nor unless 
the party complained of shall have been served with a 
copy'of the charges against him, and shall have had an 
opportunity of being heard. On the question of re- 
moval, the yeas and nays shall be entered on the 
journal. 

12. City Courts. — The superior court in the city of 
New York, the court of common pleas for the city and 



182 CONSTITUTION OF NEW YORK STATE. [Art. VI 

county of New York, the superior court of Buffalo, and 
the city court of Brooklyn are continued with the powers 
and jurisdiction as they now severally have and such 
further civil and criminal jurisdiction as may be con- 
ferred by law. The superior court of New York shall 
be composed of the six judges in office at the adoption of 
this article, and their successors. The court of common 
pleas of New York, of three judges then in office, and 
their successors, and three additional judges. The 
superior court of Buffalo, of the judges now in office, 
and their successors; and the city court of Brooklyn, of 
such number of judges, not exceeding three, as may be 
provided by law. The judges of said courts in office at 
the adoption of this article are continued until the ex- 
piration of their terms. A chief judge shall be ap- 
pointed by the judges of each of said courts from their 
own number, who shall act as such during his official 
term. Vacancies in the office of the judges named in 
this section, occurring otherwise than by expiration of 
term, shall be filled in the same manner as vacancies in 
the supreme court. The Legislature may provide for 
detailing, judges of the superior court and court 
of common pleas of New York to hold circuits and 
special terms of the supreme court in that city; and for 
detailing judges of the city court of Brooklyn, to hold 
circuits and special terms of the supreme court in Kings 
county as the public interest may require. 

13. Election. — Justices of the supreme court shall be 
chosen by the electors of their respective judicial dis- 
tricts. Judges of all the courts mentioned in the last 
preceding section shall be chosen by the electors of the 
cities respectively in which the said courts are instituted. 



Sees. 12-15] judiciary. 183 

The official terms of said justices and judges who shall 
be elected after the adoption of this article shall be 
fourteen years from and including the first day of Janu- 
ary next after their election. But no person shall hold 
the office of justice or judge of any court longer than 
until and including the last day of December next after 
lie jshall be seventy years of age. The compensation of 
every judge of the court of appeals, and of every justice 
of the supreme court whose term of office shall be 
abridged pursuant to this provision, and who shall have 
served as such judge or justice ten years or more, shall 
be continued during the remainder of the term for which 
he was elected. 

14. Salaries.- — The judges and justices hereinbefore 
mentioned shall receive for their services a compensa- 
tion to be established by law, which shall not be dimin- 
ished during their official terms. Except the Judges of 
the Court of Appeals and the Justices of the Supreme 
Court, they shall be paid, and the expenses of their 
courts defrayed, by the cities or counties in which such 
Courts are instituted, as shall be provided by law. 

15. County courts. — The existing county courts are 
continued, and the judges thereof in office at the 
adoption of this article, shall hold their offices until the 
expiration of their respective terms. Their successors 
shall be chosen by the electors of the counties, for the 
term of six years. The County Courts shall have the 
powers and jurisdiction they now possess, until altered 
by the Legislature. They shall also have original juris- 
diction in all cases where the defendants reside in the 
county and in which the damages claimed shall not 
exceed one thousand dollars; and also such appellate 



184 CONSTITUTION OP NEW YOKK STATE. [Art. VI 

jurisdiction as shall be provided by law, subject, how- 
ever, to such provision as shall be made by law for the' 
removal of causes into the Supreme Court. They shall 
also have such other original jurisdiction as shall, from 
time to time, be conferred upon them by the Legisla- 
ture. The County Judge, with two Justices of the 
Peace, to be designated according to law/ may hold 
Courts of Sessions, with such criminal jurisdiction as 
the Legislature shall prescribe, and he shall perform 
such other duties as may be required by law. His salary, 
and the salary of the Surrogate when elected as a sep- 
arate officer, shall be established by law, payable out of 
the County Treasury, and shall not be diminished dur- 
ing his term of office. The Justices of the Peace shall 
be paid, for services in Courts of Sessions, a per diem 
allowed out of the County Treasury, The County 
Judge shall also be Surrogate of his county; but in 
counties having a population exceeding forty thousand, 
the Legislature may provide for the election of a sep- 
arate officer to be Surrogate, whose term of office shall 
be the same as that of the County Judge. The County 
Judge of any county may preside at Courts of Sessions, 
or hold County Courts, in any other county, except New 
York and Kings, when requested by the judge of such 
other county. 

16. Local judges. — The Legislature ma} 7 , on applica- 
tion of the Board of Supervisors, provide for the elec- 
tion of local officers, not to exceed two in any county, 
to discharge the duties of County Judge and of Surro- 
gate, in cases of their inability, or of a vacancy, and to 
exercise such other powers in special cases as may be 
provided by law. 



Sees. 15-20] judiciary. 185 

(Section 17 was a temporary provision.) 

18. Justices of the Peace. — The electors of the several 
towns shall, at their annual town meeting, and in such 
manner as the Legislature may direct, elect Justices of 
the Peace, whose term of office shall be four years. In 
case of an election to fill a vacancy occurring before the 
expiration of a full term, they shall hold for the residue 
of the unexpired term. Their number and classification 
may be regulated by law. Justices of the Peace, and 
Judges or Justices of inferior courts not of record and 
their clerks may be removed, after due notice and an 
opportunity of being heard by such courts as may be 
perscribed by law, for causes to be assigned in the order 
of removal. Justices of the Peace and district court jus- 
tices shall be elected in the different cities of this State, 
in such manner, and with such powers, and for such 
terms, respectively, as shall be prescribed by law ; all 
other judicial officers in cities, whose election or appoint- 
ment is not otherwise provided for in this article, shall 
be chosen by the electors of cities, or appointed by some 
local authority thereof. 

19. Local courts. — Inferior local courts of civil and 
criminal jurisdiction may be established by the Legisla- 
ture; and, except as herein otherwise provided, all 
judicial officers shall be elected or appointed at such 
times, and in such manner, as the Legislature may 
direct. 

20. Clerics. — Clerks of the several counties shall be 
Clerks of the Supreme Court, with such powers and 
duties as shall be prescribed by law. The Clerk of the 
Court of Appeals shall keep his office at the seat of 



186 CONSTITUTION OF NEW YORK STATE. [Art. VI 

government. His compensation shall be fixed by law 
and paid out of the public treasury. 

21. Fees. — No judicial officer, except Justices of the 
Peace, shall receive to his own use any fees or perquisites 
of office; nor shall any Judge of the Court of Appeals, 
Justice of the Supreme Court, or Juds;e of a Court of 
Record in the cities of New York, Brooklyn or Buffalo, 
practise as an attorney or counselor in any Court of 
Eecord in this State, or act as referee. 

22. Direct review. — The Legislature may authorize 
the judgments, decrees and decisions of any Court of 
Eecord of original civil jurisdiction, established in a 
city, to be removed for review directly into the Court 
of Appeals. 

23. Publication free.—T\\Q Legislature shall provide 
for the speedy publication of all statutes, and also for 
the appointment by the Justices of the Supreme Court 
designated to hold general terms, of a reporter of the 
decisions of that court. All laws and judicial decisions 
shall be free for publication by any person. 

(Sections 24 and 25 were temporary provisions.) 

26. Special sessions.-— Courts of special sessions shall 
have such jurisdiction of offences of the grade of mis- 
demeanors as may be prescribed by law. 

.27. Surrogates' courts. — For the relief of Surrogates' 
Courts, the Legislature may confer upon Courts of Ee- 
cord, in any county having a population exceeding 
four hundred thousand, the powers and jurisdictions of 
Surrogates, with authority to try issues of fact by jury 
in probate causes. 

28. Additional Justices. — The Legislature at the first 
session thereof after the adoption of this amendment, 



Sees. 20-28] state debts. 187 

shall provide for organizing the supreme court not more 
than five general terms thereof; and for the election at 
the general election next after the- adoption of this 
amendment, by the electors of the judicial districts 
mentioned in this section, respectively, of not more than 
two justices of the supreme court in addition to the 
justices of that court now in office in the first, fifth, 
seventh and eighth, and not more than one justice of 
that court in the second, third, fourth and sixth judicial 
districts. The justices so elected shall be invested with 
their offices on the first Monday of June next after their 
election. 

ARTICLE VII.— State Debts. 

1. Canal debt. — After paying the expenses of collec- 
tion, superintendence and ordinary repairs, there shall 
be appropriated and set apart in each fiscal year out of 
the revenues of the State Canals, in each year, commenc- 
ing on the first day of June, one thousand eight hun- 
dred and and forty-six, the sum of one million and three 
hundred thousand dollars until the first day of June, 
one thousand eight hundred and fifty-five, and from 
that time the sum of one million and seven hundred 
thousand dollars in each fiscal year, as a sinking fund 
to pay the interest and redeem the principal of that 
part of the State debt called the canal debt, as it existed 
at the time first aforesaid, and including three hundred 
thousand dollars then to be borrowed, until the same 
shall be wholly paid; and the principal and income of the 
said sinking fund shall be sacredly applied to that pur- 
pose. 

2. General fund delt. — After complying with the 
provisions of the first section of this article, there shall 



188 ' "constitution of new york state. [Art. VII 

be appropriated and set apart out of the surplus rev- 
enues of the State Canals, in each fiscal year, com- 
mencing on the first day of June, one thousand eight 
hundred and forty-six, the sum of three hundred and 
fifty thousand dollars, until the time when a sufficient 
sum shall have been appropriated and set apart, under 
the said first section, to pay the interest and extinguish 
the entire principal of the Canal debt; and after that 
period, then the sum of one million and five hundred 
thousand dollars in each fiscal year, as a sinking fund, 
to pay the interest and redeem the principal of that 
part of the State debt called the General Fund Debt, 
including the debt for loans of the State credit to rail- 
road companies which have failed to pay the interest 
thereon, and, also the contingent debt on State stocks 
loaned to incorporated companies which have hitherto 
paid the interest thereon, whenever and as far as any 
part thereof may become a charge on the Treasury or 
General Fund, until the same shall be wholly paid; and 
the principal and income of the said last-mentioned 
sinking fund shall be sacredly applied to the purpose 
aforesaid; and if the payment of any part of the moneys 
to the said sinking fund shall at any time be deferred, 
by reason of the priority recognized in the first section 
of this article, the sum so deferred, with quarterly in- 
terest thereon, at the then current rate, shall be paid to 
the last-mentioned sinking fund, as soon as it can be 
done consistently with the just rights of the creditors 
holding said Canal Debt. 

3. The canals. — The first and second sections of this 
article having been fully complied with, no tolls shall 
hereafter be imposed on persons or property transported 



SeCS. 2-4] STATE DEBTS. 189 

on the canals, but all boats navigating the canals, and 
the owners and masters thereof, shall be subject to such 
laws and regulations as have been or may hereafter be 
enacted concerning the navigation of the canals. The 
legislature shall annually, by equitable taxes, make pro- 
vision for the expenses of the superintendence and re- 
pairs of the canals. The canal debt contracted under 
the section hereby amended, which on the first day of 
October, eighteen hundred and eighty, amounted to 
eight' million nine hundred and eighty-two thousand 
two hundred dollars, shall continue to be known as the 
" canal debt, under article seven, section three of the 
constitution " ; and the sinking fund applicable to the 
payment thereof; together with the contributions to be 
known as the ei canal debt sinking fund", and the princi- 
pal and interest of said debt shall be met as provided in 
the fifth section of this article. All contracts for work 
or materials on any canals shall be made with the person 
who shall offer to do or provide the same at the lowest 
price with adequate security for their performance. , No 
extra compensation shall be made to any contractor; 
but if, from any unforeseen cause, the terms of any con- 
tract shall prove to be unjust and oppressive, the canal 
board may, upon the application of the contractor, 
cancel such contract. 

4. State loans. — The claims of the State against any 
incorporated company to pay the interest and redeem 
the principal of the stock of the State loaned or advanced 
to such company, shall be fairly enforced, and not 
released or compromised ; and the moneys arising from 
such claim shall be set apart, and applied as part of the 
sinking fund provided in the second section of this 



190 CONSTITUTION OF NEW YOEK STATE. [Art. VII 

article. But the time limited for the fulfilment of any 
condition of any release or compromise heretofore made 
or provided for, may be extended by law. 

5. Taxation, — There shall annually be imposed and 
levied a tax which shall be sufficient to pay the interest 
and extinguish the principal of the canal debt mentioned 
in the third section of this article, as the same shall be- 
come due and payable ; and the proceeds of such tax shall, 
in each fiscal year, be appropriated and set apart for the 
sinking fund constituted for the payment of the princi- 
pal and interest of the aforesaid debt. But the legisla- 
ture may, in its discretion, impose for the fiscal year, 
beginning on the first day of October, eighteen hundred 
and eighty-three, a State tax on each dollar of the valu- 
ation of the property in this State which may by law 
then be subject to taxation, sufficient, with the accumu- 
lations of the sinking fund applicable thereto, to pay in 
full both the principal and interest of the canal debt 
before mentioned ; and the proceeds of such tax shall be 
appropriated and set apart for the sinking fund consti- 
tuted for the payment of the principal and interest of 
said debt. In the event of such action by the legisla- 
ture, then the legislature shall, under the law directing 
the assessment and levy of such tax, make such pro- 
vision for the retirement of the canal debt as it shall 
deem equitable and just to the creditors of the State. 

'6. Canals. — The legislature shall not sell, lease, or 
otherwise dispose of the Erie canal, the Oswego canal, 
the Champlain canal, the Cayuga and Seneca canal, or 
the Black Eiver canal, but they shall remain the pro- 
perty of the State and under its management forever. 
All funds that may be derived from any lease, sale, or 



SeCS. 4-10] STATE DEBTS. 191 

other disposition of any canal shall be applied in pay- 
ment of the canal debt mentioned in the third section 
of this article. 

7. Salt springs. — The Legislature shall never sell or 
dispose of the Salt springs belonging to the State. The 
lands contiguous thereto and which may be necessary 
and convenient for the use of the Salt springs, may be 
sold by authority of law and under the direction of the 
Commissioners of the Land Office, for the purpose of 
investing the moneys arising therefrom in other lands 
alike convenient ; but by such sale and purchase the 
aggregate quantity of these lands shall not be dimin- 
ished. 

8. Appropriation Mils. — No moneys shall ever be 
paid out of the Treasury of this State, or any of its 
funds, or any of the funds under its management, ex- 
cept in pursuance of an appropriation by law; nor 
unless such payment be made within two years next 
after the passage of such appropriation act ; and every 
such law making a new appropriation, or continuing or 
reviving an appropriation, shall distinctly specify the 
sum appropriated, and the object to which it is to be 
applied ; and it shall not be sufficient for such law to 
refer to any other law to fix such sum. 

9. State credit. — The credit of the State shall not, in 
any manner, be given or loaned to, or in aid of any 
individual, association or corporation. 

10. State debts. — The State may, to meet casual 
deficits or failures in revenues, or for expenses not pro- 
.vided for, contract debts ; but such debts, direct and 
contingent, singly or in the aggregate, shall not, at any 



192 CONSTITUTION OF NEW YORK STATE. [Art. VII 

time, exceed one million of dollars ; and the moneys 
arising from the loans creating such debts shall be 
applied to the purpose for which they were obtained, or 
to repay the debt so contracted, and to no other purpose 
whatever. 

11. Emergencies. — In addition to the above limited 
power to contract debts, the State may contract debts to 
repel invasion, suppress insurrection, or defend the- 
State in war ; but the nioney arising from the contract- 
ing of such debts shall be applied to the purpose for 
which it was raised, or to repay such debts, and to.no 
other purpose whatever. 

12. Legislative power limited. — Except the debts 
specified in the tenth and eleventh sections of this 
article, no debts shall be hereafter contracted by or on 
behalf of this State, unless such debt shall be authorized 
by a law, for some single work or object, to be distinctly 
specified therein ; and such law shall impose and pro- 
vide for the collection of a direct annual tax to pay, and 
sufficient to pay the interest on such debt as it falls due, 
and also to pay and discharge the principal of such debt 
within eighteen years from the time of the contracting 
thereof. No such law shall take effect until it shall, at 
a general election, have been submitted to the people, 
and have received a majority of all the votes cast for 
and against it, at such election. On the final passage 
of such bill in either house of the Legislature, the 
question shall be taken by ayes and noes, to be duly 
entered on the journals thereof, and shall be : " Shall 
this bill pass, and ought the same to receive the sanction 
of the people ?" 



Sees. 10-14] \ STATE debts/ 193 

The Legislature may at any time, after the approval 
of such law by the people, if no debt shall have been 
contracted in pursuance thereof, repeal the same ; and 
may at any time, by law, forbid the contracting of any 
further debt or liability under such law ; but the tax 
imposed by such act, in proportion to the debt and lia- 
bility which may have been contracted, in pursuance of 
such law, shall remain in force and be irrepealable, and be 
annually collected, until the proceeds thereof shall have 
made the provision hereinbefore specified to pay and dis- 
charge the interest and principal of such debt and lia- 
bility. The money arising from any loan or stock 
creating such debt or liability shall be applied to the 
work or object specified in the act authorizing such debt 
or liability, or for the repayment of such debt or liabil- 
ity, and for no other purpose whatever. No such law 
shall be submitted to be voted on, within three months 
after its passage, or at any general election, when any 
other law, or any bill, or any amendment to the Consti- 
tution shall be submitted to be voted for or against. 

13. Sinking funds. — The sinking funds provided for 
the payment of interest and the extinguishment of the 
principal of the debts of the State shall be separately 
kept and safely invested, and neither of them shall be 
appropriated or used in any manner other than for the 
specific purpose for which it shall have been provided. 

14. Limitation. — Neither the Legislature, Canal 
Board, Canal Appraisers, nor any person or }3ersons 
acting in behalf of the State, shall audit, allow, or pay 
any claim which, as between citizens of the State, would 
be barred by lapse of time. The limitation of existing 
claims shall begin to run from the adoption of this 



194 COSTSTITUTIOH OF KEW YORK STATE. [Art. VIII ' 

section ; but this provision shall not be construed to 
revive claims already barred by existing statutes, nor to 
repeal any statute fixing the time within which claims 
shall be presented or allowed ; nor shall it extend to any 
claims duly presented within the time allowed, by law, 
and prosecuted with due diligence from the time of such 
presentment. But if the claimant shall be under legal 
disability, the claim may be presented within two years 
after such disability is removed. 

ARTICLE VIII.— Corporations. 

1. How created, — Corporations may be formed under 
general laws ; but shall not be created by special act, 
except for municipal purposes, and in cases where, in 
the judgment of the Legislature, the objects of the cor- 
poration cannot be attained under general laws. All 
general laws and special acts passed pursuant to this 
section may be altered from time to time or repealed. 

2. Debts. — Dues from corporations shall be secured by 
such individual liability of the corporators and other 
means as may be prescribed by law. 

3. Definition. — The term corporations as used in this 
article shall be construed to include all association and 
joint-stock companies having any of the powers or privi- 
leges of corporations not possessed by individuals or 
partnerships. And all corporations shall have the right 
to sue and shall be subject to be sued in all courts in 
like cases as natural persons. 

4. Bank charters. — The Legislature shall, by general 
law, "conform all charters of savings banks, or institu- 
tions for savings, to a uniformity of powers, rights and 
liabilities ; and all charters hereafter granted for such 



Sees. 1-7] CORPORATIONS. 195 

corporations shall be made to conform to such general 
law, and to such amendments as may be made thereto. 
And no such corporation shall have any capital stock, 
nor shall the trustees thereof, or any of them, have any 
interest whatever, direct or indirect, in the profits of 
such corporation ; and no director or trustee of any such 
bank or institution shall be interested in any loan or use 
of any money or property of such bank or institution 
for savings. The Legislature shall have no power to 
pass any act granting any special charter for banking 
purposes ; but corporations or associations may be 
formed for such purposes under general laws. 

5. Specie payments. — The Legislature shall have no 
power to pass any law sanctioning in any manner, direct- 
ly or indirectly, the suspension of specie payments, by 
any person, association or corporation issuing bank notes 
of any description. 

6. Registry of hills. — The Legislature shall provide 
by law for the registry of all bills or notes issued or put 
in circulation as money, and shall require ample security 
for the redemption of the same in specie, 

7. Stockholders responsible. — The stockholders in 
every corporation and joint-stock association for bank- 
ing purposes issuing bank notes or any kind of paper 
credits to circulate as money, after the first day of Jan- 
uary, one thousand eight hundred and fifty, shall be 
individually responsible to the amount of their respec- 
tive share or shares of stock in any such corporation 
or association, for all its debts and liabilities of every 
kind, contracted after the said first day of January, one 
thousand eight hundred and fifty. 



196 CONSTITUTION OF NEW YORK STATE. [Art. VIII 

8. Insolvency. — In case of the insolvency of any bank 
or banking association, the billholders thereof shall be 
entitled to preference in payment over all other credi- 
tors of such bank or association. 

9. Cities and villages. — It shall be the duty of the 
Legislature to provide for the organization of cities and 
incorporated villages, and to restrict their power of tax- 
ation, assessment, borrowing money, contracting debts, 
and loaning their credit, so as to prevent abuses in assess- 
ments, and in contracting debt by such municipal cor- 
porations. 

10. State credit. — Neither the credit nor the money 
of the State shall be given or loaned to or in aid of any 
association, corporation or private undertaking. This 
section shall not, however, prevent the Legislature from 
making such provision for the education and support 
of the blind, the deaf and dumb, and juvenile delin- 
quents, as to it may seem proper. Nor shall it apply 
to any fund or property now held, or which may here- 
after be held by the State, for educational purposes. 

11. Restrictions. — "No county, city, town or village 
shall hereafter give any money or property, or loan its 
money or credit, to or in aid of any individual, associa- 
tion or corporation, or become, directly or indirectly, the 
owner of stock in or bonds of any association or corpor- 
ation, nor shall any such county, city, town or village 
be allowed to incur any indebtedness, except for county, 
city, town or village }3urposes. This section shall not 
prevent such county, city, town or village from making 
such provision for the aid or support of its poor, as may 
be authorized by law. 



Sees. 1, 2] school fustds : coukty officeks. 197 

ARTICLE IX.— School Funds. 

1. Hoiv applied, — The capital of the common school 
fund,, the capital of the literature fund, and the capital 
of the United States deposit fund, shall be respectively 
•preserved inviolate. The revenue of the said common 
school fund shall be applied to the support of common 
schools ; the revenue of the said literature fund shall be 
applied to the support of academies ; and the sum of 
.twenty-five thousand dollars of the revenues of the 
United States deposit fund shall each year be appro" 
priated to and made part of the capital of said common 
school fund. 

ARTICLE X. -County Officers. 

1. Election of certain officers. — Sheriffs, clerks of 
counties, including the Register and Clerk of the city 
and county of New York, Coroners and District Attor- 
neys, shall be chosen, by the electors of the respective 
counties, one in every three years and as often as vacan- 
cies shall happen. Sheriffs shall hold no other office, 
and be ineligible for the next three years after the ter- 
mination of their offices. They may be required by law 
to renew their security, from time to time ; and in de- 
fault of giving such new security, their offices shall be 
deemed vacant. But the county shall never be made 
responsible for the acts of the Sheriff. The Governor 
may remove any officer, in this section mentioned, 
within the term for which he shall have been elected • 
giving to such officer a copy of the charges against him, 
and an opportunity of being heard in his defence. 

2. Election of other officers. — All county officers whose 
election or appointment is not provided for by this 
Constitution, shall be elected by the electors of the 



198 CONSTITUTION OP KEW YORK STATE. [Art. X 

respective counties or appointed by the Boards of Super- 
visors, or other county authorities, as the Legislature 
shall direct. All city, town and village officers, whose 
election or appointment is not provided for by this 
Constitution, shall be elected by the electors of such 
cities, towns and villages, or of some division thereof, 
or appointed by such authorities thereof, as the Legis- 
lature shall designate for that purpose. All other 
officers whose election or appointment is not provided 
for by this Constitution, and all officers whose offices 
may hereafter be created by law, shall be elected by the 
people, or appointed, as the Legislature may direct. 

3. Term of office. — When the duration of any office is 
not provided by this Constitution, it may be declared 
by law; and if not so declared, such office shall be held 
during the pleasure of the authority making the appoint- 
ment. 

4. Time of election. — The time of electing all officers 
named in this article shall be prescribed by law. 

5. Vacancies. — The Legislature shall provide for fill- 
ing vacancies in office; and in case of elective officers, 
no person appointed to fill a vacancy shall hold his office 
by virtue of such appointment longer than the com- 
mencement of the political year next succeeding the 
first annual election after the happening of the vacancy. 

6. Political year. — The political year and Legislative 
term shall begin on the first day of January ; and the 
Legislature shall, every year, assemble on the first Tues- 
day in January,, unless a different day shall be appointed 
by law. 



Sees. 2-9] militia. 199 

7. Removal. — Provision shall be made by law for the 
removal for misconduct or malversation in office of all 
officers (except judicial) whose powers and duties are 
not local or legislative and who shall be elected at gen- 
eral elections, and also for supplying vacancies created 
by such removal. 

8. Offices deemed vacant. — The Legislature may de- 
clare the cases in which any office shall be deemed 
vacant when no provision is made for that purpose in 
this Constitution. 

9. Salaries. — No officer whose salary is fixed by the 
Constitution shall receive any additional compensation. 
Each of the other State officers named in the Constitu- 
tion shall,, during his continuance in -office, receive a 
compensation, to be fixed by law, which shall not be 
increased or diminished during the term for which he 
shall have been elected or appointed ; nor shall he re- 
ceive to his use any fees or perquisites of office or other 
compensation. 

ARTICLE XI.— Militia. 

1. Bearing arms. — The militia of this State shall, at 
all times hereafter, be armed and disciplined and in 
readiness for service ; but all such inhabitants of this 
State of any religious demonstration whatever as from 
scruples of conscience may be averse to bearing arms, 
shall be excused therefrom upon such conditions as shall 
be prescribed by law. 

2. Officers. — Militia officers shall be chosen, or ap- 
pointed as follows: — Captains, subalterns, and non- 
commissioned officers shall be chosen by the written 
votes of the members of their respective companies; 



200 CONSTITUTION OF NEW YORK STATE. [Art. XI 

j 

Field officers of regiments and separate battalions by 
the written votes of the commissioned officers of the 
regiments and separate battalions ; Brigadier-Generals 
and Brigade Inspectors by the field officers of their 
respective brigades ; Major-Generals, Brigadier-Gen- 
erals and commanding officers of regiments or separate 
battalions, shall appoint the staff officers to their re- 
spective divisions, brigades, regiments or separate bat- 
talions. 

3. Appointments. — The Governor shall nominate and, 
with the consent of the Senate, appoint all Major-Gen- 
erals and the Commissary-General. The Adjutant-Gen- 
eral and other Chiefs of staff departments, and the 
Aid-de-Camp of the Commander-in-Chief, shall be ap- 
pointed by the Governor, and their commissions shall 
expire with the time for which the Governor shall have 
been elected. The Commissary-General shall hold his 
office for two years. He shall give secnrity for the faith- 
ful execution of the duties of his office in such manner 
and amount as shall *be prescribed by law. 

4. Elections. — The Legislature shall, by law, direct 
the time and manner of electing militia officers, and of 
certifying their elections to the Governor. 

5. Commissions.— The commissioned officers of the 
militia shall be commissioned by the Governor ; and no 
commissioned officer shall be removed from office, unless 
by the Senate on the recommendation of the Governor, 
stating the grounds on which such removal is recom- 
mended, or by the decision of a court-martial, pursuant 
to law. The present officers of the militia shall hold 
their commissions subject to reinoval, as before provided. 



/Sees. 2-6] OATH OF OFFICE. 201 

6. CJianges.-^ln case the mode of election and ap- 
pointment of militia officers hereby directed, shall not 
be found conducive to the improvement of the militia, 
the Legislature may abolish the same, and provide by 
law for their appointment and removal, if two-thirds of 
the members present in each house shall concur therein. 

ARTICLE XH.-Oatk of Office. 

1. Form prescribed.— Members of the Legislature 
(and all officers, executive and judicial, except such in- 
ferior officers as shall be by law exempted), shall, before 
they enter on the duties of their respective offices, take 
and subscribe the following oath or affirmation: " I do 
solemnly swear (or affirm) that I will support the Con- 
stitution of the United States, and the Constitution of 
the State of New York, and that I will faithfully dis- 
charge the duties of the office of . . . , 

according to the best of my ability"; and all' such 
officers who shall have been chosen at any election shall, 
before they enter on the duties of their respective offices, 
take and subscribe the oath or affirmation above pre- 
scribed, together with the following addition thereto, as 
part thereof : 

"And I do further solemnly swear (or affirm) that I 
have not directly or indirectly paid, offered or promised 
to pay, contributed, or offered or promised to contribute, 
any money or other valuable thing as a consideration or 
reward for the giving or withholding a vote at the elec- 
tion at which I was elected to said office, and have not 
made any promise to influence the giving or withhold- 
ing any such vote"; and no other oath, declaration or 
test, shall be required as a qualification for any office of 
public trust. 



202 CONSTITUTION OF NEW YORK STATE. [Art. XIII 

ARTICLE XIII.— Amendments. 

.1. Hoiv made. — Any amendment or amendments to 
this Constitution may be proposed in the Senate and 
Assembly ; and if the same shall be agreed to by a 
majority of the members elected to each of the two 
houses, such proposed amendment or amendments shall 
be entered on their journals, with the yeas and nays 
taken thereon, and referred to the Legislature to be 
chosen at the next general election of Senators, and shall 
be published for three months previous to the time of 
making such choice; and if the Legislature so next chos- 
en, as aforesaid, such proposed amendment or amend- 
ments shall be agreed to by a majority of all the members 
elected to each house, then it shall be the duty of the Leg- 
islature to submit such proposed amendment or amend- 
ments to the people, in such manner and at such time 
as the Legislature shall prescribe; and if the people shall 
approve and ratify such amendment or amendments, by 
a majority of the electors qualified to vote for members 
of the Legislature, voting thereon, such amendment or 
amendments shall become part of the Constitution. 

2. Vicennial popular vote. — At the general election 
to be held in the year eighteen hundred and sixty-six, 
and in each twentieth year thereafter, and also at such 
time as the Legislature may by law provide, the ques- 
tion, " Shall there be a convention to revise the con- 
stitution, and amend the same ?" shall be decided by 
the electors qualified to vote for members of the Legis- 
lature ; and in case a majority of the electors so qualified, 
voting at such election, shall decide in favor of a con- 
vention for such purpose, the Legislature at its next 
session shall provide by law for the election of delegates 
to such convention. 



INDEX. 



Accessories _ . 120 

Acknowledgments 137*, 138* 

Aldermen. 49, 167 

Allodial tenure 156 

Amendments to the Constitution. 

Ambassadors..... 94, 95, 98,140,141,142 

of the United States 9, 114, 144, 146 

of New York.. 10, 202 

Appeals at law, process _ 83, 1 80, 186 

Appellate jurisdiction.. 79, 83, 142, 178 

Appointive officers 70 

— in New York... _ .60,61, 177,178,180 

by the President _ .95, 1 40 

Apportionment of representatives. .. 24, 26, 101, 130, 150 

Arrest, how affected _..35 

Arson, definition. _ _ _ 117 

Assembly _ ...51, 99, 160 

Assembly districts.. 53, 54, 161 

conventions.. 87, 88 

Assessors .... 34, 36, 38, 60, 61 

Attainder, bill of .117, 138 

Attorney-General, United States _ _ 92, 97 

-New York 60-62, 64, 172 

Bail. 120, 147,154 

Ballot, election by ._. 160 

Bank charters _ 194 

Bigamy, defined 119 

Bills — What are they ? How introduced ? How amended ? 
First, second and third readings. Enacting clause. 

How they become laws_... 56, 57, 58, 59, 134, 170 

(203) 



204 northam's civil government. 

Bills. 

where originated 116, 1 33 

in England. 21 

in the Legislature 56, 155, 164, 166, 191 

private ...164 

in Congress. 56, 105, 133 

how they become laws ___ 57, 134, 170 

Board of Claims. _._ ...60, 61,65 

Bonds, for a security of payment; for office; for bailable 

offences „ 1 39 * 

required. 

supervisors 38 

justices of the peace 38 

highway commissioners 38 

overseer of the poor 39 

collector of the school district 29 

of town. 39 

constables . _ .39 

excise commissioners - 39 

sheriff.. 47 

county treasurer 47 

surrogate _ 47 

superintendents of the poor 47 

superintendent of public works 172 

superintendent of prisons ..174 

Bribery defined 119, 158 

Burglary defined _ 118 

Burr, Aaron, treason of 116 

Cabinet of the United States vi, 92, 95, 96 

Canal fund... - : 63-65, 187 

Canals 67, 174, 187-191 

Capital of New York 18 

Capital punishment 83, 117 

Capitol of New York, trustees _ _ 64, 65 

Carroll, Charles _ _ 4 

Chart of divisions of government _ 14, 15 

Circuit courts, New York 80, 180 

of United States 84,85 



IKDEX. .205 

Citizen, definition of. _ : 103, 111, 115, 150 

Cities -. 14, 15, 17, 25, 49, 50, 196 

of New York. . . xv 

of Pennsylvania - 49 

City courts _ .181 

Civil goverment defined _..l 

science of ^ 1A 

Civil rights.. __._ 150 

Clerk of school district __27, 28 

of courts.. ___185 

Clinton, George ., .18 

Codification of New York laws. . _ » _ _ 156 

Collector, school district _ _ _ 27, 29 

— town 34, 36, 38, 39 

Commander-in-Chief, United States 94, 140 

New York ..168, 170 

Commercial paper : notes, indorsements, due-bills, and re- 
ceipts 134*, 135*, 136* 

Commissioners of the land office _ 63-65, 175 

Committee of the whole. _ 110 

Common council. 50, 167 

Common law 21, 22 

Comptroller ..60-62, 64, 172, 174 

Contracts . 136*, 137* 

Confederation, Articles of _ 4-6 

Congress.. .........12, 99, 108, 110, 129-138, 141 

Congressional districts. 26, 101, 130,150 

Congressmen-at-large 103 

Constables ..34, 36, 38,39 

game 34, 37 

Constitution, points of disagreement ; compromises made ; 
population question ; State rights retained ; propor- 
tion of power in the election of a president .124*, 125*, 126* 

of the United States ..7-11,129-151 

of New York 10, 11, 18, 153 

of England ..10 

Consuls 94, 96, 98, 140 

Continental congresses 1, 2, 5-7 



206 northam's civil government. 

Conventions, political 87, 88 

Coroners.. 41,44, 197 

Corporations _ 194 

Counterfeiting 118 

County .14, 15, 17,25,40-48 

how organized 13, 26 

assembly districts • __ .54 

offices ..._. 40-42, 48,70, 197 

canvassers L. 89 

clerk __. 41, 43, 47, 197 

conventions 87, 88 

court. __-_ 78, 79, 183 

judges -.. 41, 42, 80 

treasurer _ 41, 43 

Court of Appeals vii, 82, 176 

of claims ___ 86 

of sessions . _ 79 

city „ 181 

district . 84, 85 

general term 80, 81, 82, 180 

superior __ 50 

oyer and terminer 80, 83 

special term __ 80, 81 

supreme, United States. = ._ ix, 85, 141 

New York xi, 80, 81 

Criminal proceedings. __ 146, 147 

Declaration of Independence.. 2, 3, 123-128 

Deeds, warranty, quit-claim ___.137*, 138* 

Department of Public Instruction xvi 

of supreme court 81 

District, definition of... _ 23 

attorney ...41, 43, 197 

courts 84, 85 

of Columbia 12, 15, 19, 73, 74 

Disturbance of school _ _ _ _ . 32 

Divorces in New York. 155 

Elections 71, 131, 132, 160 



INDEX. 207 

Elective district _ _ _ 23 

officers 61, 70 

Electoral college 93 

Electors, presidential- _ _ 88, 89 

Eligibility to office. 

in school district 28 

sheriff _._ 41 

county judge 41 

district attorney _ _ 41 

superintendent of the poor 41 

justices of session 41, 44 

legislature 54, 163 

Governor, Lieutenant-Governor. 62, 168 

justices of the supreme court ._. 81 

President, Vice-President 93, 139, 149 

representative 103, 129, 133 

United States senator ..106, 131, 133 

Emancipation in New York 18 

in the United States .._ 149 

Embezzlement defined _. 119 

Engineer and surveyor. 60-62, 65, 172 

England 10, 14, 15, 20, 21 

Erie Canal, history of . . - -69 

Ex-post facto laws _' 113, 137, 138 

Excise commissioners - 34, 37, 38, 39 

Executive power in Confederation - - 4, 7 

in the United States 12, 138 

sessions 109 

Extradition... _ - 127*, 143 

Felony, defined _..___ .120 

Feudal tenures 156 

Foreign ministers 94, 95, 140, 141 

Forgery defined .._ 118 

Franchise 130* 131* 

Freedom of religion, speech, and petition 146, 153, 155 

Game constables -34, 37 

" General assembly ". 18 



208 northam's civil government. 

General fund debt. . _ 187 

General vs. special laws _.---._. 165, 166 

General terms 80,81,82,180 

Government, definition _ 1 

general principles ; absolute and limited monarcy ; 

three principal forms : Monarchy, Aristocracy, De- 
mocracy ; unit of government. 123*, 124* 

divisions of, Confederation „ 4 

in the United States 12 

in New York _ 13 

in districts, towns, etc .._;. 13-17 

organized by statute law . __12 

districts... 23 

State vs. national- _ 99 

Governor _.vi, vii, 18, 57, 60-62, 82, 167-171, 176, 181 

Grand jury 75, 76, 154 

Grants of land, New York _ .157 

Habeas Corpus 112, 137, 154 

Highway commissioners 34, 36, 38 

Holidays, legal _ 33 

House of commons _ 21 

of Lords .- 20 

of Representatives 91, 99-105, 129-130, 149 

Idiot Asylum, trustees 64 

Impeachment.. __ 105, 116, 132* 176 

of national officers.. 105, 107, 131, 132, 141 

inNew York... .vii, 55, 132* 

Independence bell _ 4 

Indian lands, New York 156 

Indictment _ _ .77, 1 05 

Inferior courts. ._ _ _ _ * 84, 185 

Insolvency _ 196 

Inspectors of election _ _ .34, 37, 40, 89 

Joint ballot 61 

Judicial courts. _ 13 

districts , ..xi, 13, 24-26. 80. 178 



IN"DEX. 209 

Judiciary, in Confederation 4 

Juries, definition _ 75 

kinds. ------ 75 

exemption from 75 

Jurisdiction, kinds of 79, 83,85, 86, 141, 178, 183 

Jury trial 147, 153, 155, 165 

Justice of sessions - 41, 44, 80, 184 

of supreme court ix, 80, 85, 140, 178, 186 

of the peace .-.34, 35, 38, 184, 185 

Justice's court 79 

Land office commissioners-. 63-65, 175 

Larceny, defined ._ . 1 1 8 

Law of equity _. __.21, 22 

Leases, limit of _ 156 

Legal holidays 33 

Legislature 12-15, 18, 99, 105, 160-167, 193, 198 

Libel defined 118 

Librarian of school district 27, 29 

Lieutenant-Governor vi, vii, 60-63, 163, 167, 169, 176 

Loan Commissioners 60, 61 

Local court judges. _ . 184 

Lotteries forbidden 155 

Magna Charta _ _ ...20 

. Majority vs. plurality 70 

Marque and reprisal . 117, 135, 137 

Mayor _ 49 

Mileage _ _ . . „ _ _ 60 

Militia.- __.._ 199 

Minister plenipotentiary _ . _ 98 

Mortgages, real, personal, satisfaction of or discharge .138*, 139* 
Murder 119 

National convenion. _ _ - _ _ '. 87, 88 

National law supreme _ _ _ 145 

Naturalization.. „ ___103, 111, 115, 135 

Nobility, titles of ;_ 137, 138 

Notaries public ... .60, 61, 138* 



210 northam's civil government. 

Oath of office 38. 47, 55, 140, 145, 20l 

Original jurisdiction 79, 83, 85, 86, 142 

Overseers of the poor 34, 36, 38, 39 

Oyer and terminer _ - 80, 83, 180 

Pardon granted „ 140, 169 

Perjury, defined . . 119 

Petition, right < f - .146, 155 

Plurality vs. majority 70 

Political conventions. .87, 88 

disabilities . 114, 151 

year 198 

Postmaster-General . 92, 97 

Postmasters, appointed „ . 96 

President of the United States 93-95, 138 

Presidential elections. _ iv, 70, 71 

electors. ...88-90, 148 

succession 92 

Private property _ . _ 154 

Privileges of congressmen 133 

of legislators 164 

Property in lands. _ 155 

Public debt 151 

Punishments- 147 

Qualifications of jurors 75 

of voters in school district 31 

in town and county 39, 158 

in the Legislature 54 

in Congress.. 103, 106 

in England 21 

for office. See Eligibility, 

Quarantine commissioners 60 

Quartering of soldiers _ 146 

Quorum - 116, 132* 163 

Railroad commissioners : 60-62, 67 

Regents of the University xvi, 61-64, 67 

Religious liberty. 146, 153 



ItfDEX. 211 

Removal of officers. - 70, 173, 181, 199 

Reprieves ....94, 140, 169 

Residence of voters . _ ICO 

Road district 28 

jury ..76 

Robbery _ 119 

Salary of officers. 

school district „ 29 

towns _ „ 37, 38 

county xii, 45-47, 184 

State-.xvi, 59, 68, 162, 165, 167, 169, 170, 172, 183, 186, 199 

Territory _ 73 

Congress _ 1 09, 110 

District of Columbia . . . _ _ 74 

supreme court . _ _ _._ _ 81 

court of appeals vii; 82 

district court judges. _ 85 

circuit judges 85 

supreme court j udges 86 

court of claims . 86 

President and Vice-President _ . 95, 1 39 

— — Cabinet officers 98 

foreign ministers ..98 

Salt springs . _ 191 

School commissioners 16, 24-26, 31 , 32, 41, 44 

district 13-16, 23, 27-33, 70 

funds 197 

meetings. _ 16, 30 

moneys _ __.32 

-taxes.. .32,127* 

Sealer of weights and measures ; 34 

Search warrants 146 

Secretary of Agriculture. v, 98 

of State, United States .v, 92, 96 

New York 55, 60-63, 172 

of the Interior ..v, 93, 97 

of the Navy _ v, 92, 97 



212 northam's civil government. 

Secretary of the Treasury . v, 92, 96 

of War... v. 92, 96 

Senate, United States 99, 105-108, 130-132, 140 

New York 51, 52, 56, 99, 160, 176, 181 

- — districts 24-26, 52, 160 

Senators, United States 61 

from New York.... viii, 69 

Sheriff 40, 42, 197 

Slander, defined 118 

Slavery ,. 125*, 143, 149 

Slaves held in New York 18 

Speaker, House of Lords ._ 21 

House of Commons 21 

House of Representatives 104, 109 

Assembly , 55 

Special sessions _ 186 

term. 80, 81 

Specie payments 195 

State, powers of. 14, 15, 17, 51-69, 143, 144, 148 

how admitted.. - 12, 71, 144 

election, when held. : _ 71, 163 

tabular view of officers 60 

board of charities 63, 64 

canvassers 68, 89 

conventions _ 87, 88 

courts - _ _ . 78 

debts.. 191 

election for Governor ._ ...71 

engineer and surveyor 60-62, 65 

hall 64, 65 

loans. _ 189, 191, 196 

Statistics 129*, 130* 

Statute Law, 

of England ,..._ 21, 22 

of Congress 12 

of the Legislature 12 

Struck jury ....... .._.77 

Suffrage — 151 



INDEX. 213 

Superintendent of banking. 60-62, 65 

of insurance 60-62,65 

of prisons. 60-62, 66, 174 

of public instruction xvi, 16, 61, 62, 66 

of public works , 60-62, 66, 172 

of the poor . 44 

Supervisors 17, 34, 35, 37-39, 49, 54, 165, 167, 198 

Supreme court, United States. ix, 85 

— New York - xi, 80, 81 

Surrogate . 41, 42, 184 

courts 186 

Tabular view of State officers _60 

Tariff.... _ 128* 129* 

between States forbidden 137 

Taxes 1ST* 128*, 129* 

Taxation, State 190-192 

Teachers, employment of 31 

qualifications. _ 32 

Teachers' institutes 43 

Tenures, feudal, allodial -„.--., 156 

Term of Governor's office -.= -«, vii, 161 

Territory 12, 14, 15, 19, 71, 105, 144 

Town xiii, 14-16, 25, 26, 34-38 

caucus ..- -_-81 

clerk 34,35, 38,76 

meetings , ..16, 34, 39, 71 

officers 7C 

Treason. 113, 142 

Treasurer, district _ 21 

State 60-62, 64, 172, 175 

Treaties ._ -_.-94, 126*108, 140, 142 

Trial jury 75, 76, 80, 155 

Trustees of school district 16, 27-29, 30-32 

of State institutions _ _ 60, 62 

Union free schools and districts . 27 

United States 14, 15, 19, 87-95 

courts -.84-86 

senators from New York _ viii 



214 kortham's ciyil government. 

Veto .-.- 134, 170 

Vice-President 91, 93, 94, 108, 131 

Vicennial popular vote _ _ .202 

Villages ... - 196 

Voters. See ' ' Qualifications." 

Voting, kinds of _ 131" 132* 

West Virginia, how admitted 72 

Wife of a citizen herself a citizen. . _ 115 

Wiils, who can make them ? bequeath and devise; executor; 

administrator ; intestate ; codicil 139*, 140* 

Women, can vote.. 130*, 131* 



THE CONSTITUTION 

OF THE 

STATE OF NEW YORK. 

ADOPTED NOVEMBER 3, 1846. 

AS AMENDED AND IN FORCE JANUARY 1, 1895. 



We, the People of the State of New York, grateful to 
Almighty God for our freedom, in order to secure its 
blessings, bo establish this Constitution. 

ARTICLE I.— Individual Rights. 

1. Disfranchisement. — No member of this State shall 
be disfranchised, or deprived of any of the rights or 
privileges secured to any citizen thereof, unless by the 
law of the land, or the judgment of his peers. 

2. Trial by jury. — The trial by jury in all cases in 
which it has been heretofore used shall remain inviolate 
forever; but a jury trial may be waived by the parties 
in all civil cases in the manner to be prescribed by law. 

3. Religious liberty. — The free exercise and enjoy- 
ment of religious profession and worship, without dis- 
crimination or preference, shall forever be allowed in 
this State to all mankind ; and no person shall be ren- 
dered incompetent to be a witness on account of his 
opinions on matters of religious belief ; but the liberty 
of conscience hereby secured shall not be so construed 
as to excuse acts of licentiousness, or justify practices 
inconsistent with the peace or safety of this State. 

(153) 



154 CONSTITUTION OF NEW YORR STATE. [Art. 1 

4. Habeas corpus. — The privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cases of 
rebellion or invasion, the public safety may require its 
suspension. 

5. Bail, fines. — Excessive bail shall not be required 
nor excessive fines imposed, nor shall cruel and unusual 
punishments be inflicted, nor shall witnesses be un- 
reasonably detained. 

6. Grand jury. — No person shall be held to answer 
for a capital or otherwise infamous crime (except in 
cases of impeachment, and in cases of militia when in 
actual service, and the land and naval forces in time of 
war, or which this State may keep with the consent of 
Congress in time of peace, and in cases of petit larceny, 
under the regulation of the Legislature), unless on pre- 
sentment or indictment of a grand jury, and in any 
trial in any court whatever the party accused shall be 
allowed to appear and defend in person and with coun- 
sel as in civil actions. No person shall be subject to be 
twice put in jeopardy for the same offence ; nor shall 
he be compelled in any criminal case to be a witness 
against himself ; nor be deprived of life, liberty or 
property without due process of law ; nor shall private 
property be taken for public use, without just com- 
pensation, 

7. Private property and roads. — When private prop- 
erty shall be taken for any public use, the compensation 
to be made therefor, when such compensation is not 
made by the State, shall be ascertained by a jury or by 
not less than three commissioners appointed by a court 
of record, as shall be prescribed by law. Private roads 



Sees. 4-9] INDIVIDUAL RIGHTS. 155 

may be opened in the manner to be prescribed by law ; 
but in every case the necessity of the road and the 
amount of all damage to be sustained by the opening 
thereof shall be first determined by a jury of free- 
holders, and such amount, together with the expenses 
of the proceeding, shall be paid by the person to be 
benefited. General laws may be passed permitting the 
owners or occupants of agricultural lands to construct 
and maintain for the drainage thereof, necessary drains, 
ditches and dykes upon the lands of others, under 
proper restrictions and with just compensation, but no 
special laws shall be enacted for such purposes. 

8. Free speech and press. — Every citizen may freely 
speak, write and publish his sentiments on all subjects, 
being responsible for the abuse of that right ; and no 
law shall be passed to restrain or abridge the liberty of 
speech or of the press. In all criminal prosecutions or 
indictments for libels, the truth may be given in evi- 
dence to the jury ; and if it shall appear to the jury that 
the matter charged as libellous is true, and was published 
with good motives and for justifiable ends, the party 
shall be acquitted ; and the jury shall have the right to 
determine the law and the fact. 

9. Petitions, divorces, lotteries. — No law shall be 
passed abridging the right of the people peaceably to 
assemble and to petition the government, or any depart- 
ment thereof ; nor shall any divorce be granted otherwise 
than by due judicial proceedings ; nor shall any lottery 
or the sale of lottery tickets, pool-selling, book-making, 
or any other kind of gambling hereafter be authorized 
or allowed within this State ; and the Legislature shall 



156 CONSTITUTION OF NEW YOKK STATE. [ART. I 

pass appropriate laws to prevent offences against any of 
the provisions of this section. 

10. Property in lands. — The people of this State, in 
their right of sovereignty are deemed to possess the 
original and ultimate property in and to all lands within 
the jurisdiction of the State ; and all lands the title to 
which shall fail, from a defect of heirs, shall revert, or 
escheat to the people. 

11. Feudal tenures. — All feudal tenures of every 
description, with all their incidents, are declared to be 
abolished, saving, however, all rents and services certain 
which at any time heretofore have been lawfully created 
or reserved. 

12. Allodial tenure. — All lands within this State are 
declared to be allodial, so that, subject only to the 
liability to escheat, the entire and absolute property is 
vested in the owners, according to the nature of their 
respective estates. 

13. Limit of leases. — No lease or grant of agricultural 
land, for a longer period than twelve years, hereafter 
made, in which shall be reserved anv rent or service of 
any kind, shall be valid. 

14. Fines, quarter-sales. — All fine, quarter-sales, or 
other like restraints upon alienation, reserved in any 
grant of land hereafter to be made, shall be void. 

15. Indian lands. — No purchase or contract for the 
sale of lands in this State, made since the 14th day of 
October, 1775 ; or which may hereafter be made, of, or 
with the Indians, shall be valid, unless made under the 
authority, and with the consent of the Legislature. 

16. Codification of laws. — Such parts of the common 



Sees. 10-18] INDIVIDUAL EIGHTS. 157 

law, and of the acts of the Legislature of the Colony of 
New York, as together did form the law of the said 
colony, on the 19th day of April, 1775, and the resolu- 
tions of the Congress of the said colony, and of the con- 
vention of the State of ISTew York, in force on the 20th 
day of April, 1777, which have not since expired, or 
been repealed or altered ; and such acts of the Legisla- 
ture of this State as are now in force, shall be and con- 
tinue the law of this State, subject to such alterations 
as the Legislature shall make concerning the same. 
But all such parts of the common law, and such of the 
said acts, or parts thereof, as are repugnant to this 
Constitution, are hereby abrogated. 

17. Grants of lands. — All grants of land within this 
State, made by the king of Great Britain, or persons 
acting under his authority, after the 14th day of Octo- 
ber, 1775, shall be null and void ; but nothing con- 
tained in this Constitution shall affect any grants of 
land within this State, made by the authority of the 
said king or his predecessors, or shall annul any charters 
to bodies politic and corporate, by him or them made, 
before that day ; or shall affect any such grants or 
charters since made by this State, or by persons acting 
under its authority ; or shall impair the obligation of 
any debts contracted by the State, or individuals, or 
bodies corporate, or any other rights of property, or any 
suits, actions, rights of action, or other proceedings in 
courts of justice. 

18. No limit to damages for death. — The right of 
action now existing to recover damages for injuries 
resulting in death, shall never be abrogated ; and the 



158 CONSTITUTION OF NEW YORK STATE. [Art. II 

amount recoverable shall not be subject to any statutory 
limitation. 

ARTICLE Il.-Voters. 

1. Qualifications. — Every male citizen of the age of 
21 years, who shall have been a citizen for 90 days, and 
an inhabitant of this State one year next preceeding an 
election, and for the last four months a resident of the 
county, and for the last 30 days a resident of the elec- 
tion district in which he may offer his vote, shall be 
entitled to vote at such election in the election dis- 
trict of which he shall at the time be a resident, and 
not elsewhere, for all officers that now are or here- 
after may be elective by the people, and upon all 
questions which may be submitted to the vote of the 
people ; provided that in time of war no elector in the 
actual military service of the State, or of the United 
States, in the army or navy thereof, shall be deprived 
of his vote by reason of his absence from such election 
district ; and the Legislature shall have power to pro- 
vide the manner in which and the time and place at 
which such absent electors may vote, and for the return 
and canvass of their votes in the election districts in 
which they respectively reside. 

2. Bribery. — No person who shall receive, accept, or 
offer to receive, or pay, offer or promise to pay, con- 
tribute, offer or promise to contribute to another, to be 
paid or used, any money or other valuable thing as a 
compensation or reward for the giving or withholding a 
vote at an election, or who shall make any promise to 
influence the giving or withholding any such vote, or 
who shall make or become directly or indirectly inter- 
ested in any bet or wager depending upon the result of 



SeCS. 1-4] VOTERS AND VOTING. 159 

any election, shall vote at such election ; and upon 
challenge for such cause, the person so challenged, be- 
fore the officers authorized for that purpose shall receive 
his vote, shall swear or affirm, before such officers that 
he has not received or offered, does not expect to receive, 
has not paid, offered or promised to pay, contributed, 
offered or promised to contribute to another, to be paid 
or used, any money or other valuable thing as a com- 
pensation or reward for the giving or withholding a vote 
at such election, and has not made any promise to in- 
fluence the giving or witholding of any such vote, nor 
made or become directly or indirectly interested in any 
bet or wager depending upon the result of such election. 
The Legislature shall enact laws excluding from the 
right of suffrage all persons convicted of bribery or of 
any infamous crime. 

3. Residence. — For the purpose of voting, no person 
shall be deemed to have gained or lost a residence, by 
reason of his presence or absence, while employed in the 
service of the United States ; nor while engaged in the 
navigation of the waters of this State, or of the United 
States, or of tho high seas ; nor while a student of any 
seminary of learning ; nor wiiile kept at any alms-house 
or other asylum, or institution wholly or partly sup- 
ported at public expense or by charity ; nor while con- 
fined in any public prison. 

4. Registration. — Laws shall be made for ascertain- 
ing, by proper proofs, the citizens who shall be entitled 
to the right of suffrage hereby established, and for the 
registration of voters ; which registration shall be com- 
pleted at least ten days before each election. Such 
registration shall not be required for town and village 



160 CONSTITUTION OF NEW YORK STATE. [Art. Ill 

elections except by express provision of law. In cities 
and villages having 5,000 inhabitants or more, according 
to the last preceding State enumeration of inhabitants, 
voters shall be registered upon personal application 
only ; but voters not residing in such cities or villages 
shall not be required to apply in person for registration 
at the first meeting of the officers having charge of the 
registry of voters. 

5. Election "by "ballot. — All elections by the citizens, 
except for such town officers as may by law be directed 
to be otherwise chosen, shall be by ballot, or by such 
other method as may be prescribed by law, provided 
that secrecy in voting be preserved. 

6. Boards of registration. — All laws creating, regu- 
lating or affecting boards or officers charged with the 
duty of registering voters, or of distributing ballots at 
the polls to voters, or of receiving, recording or count- 
ing votes at elections, shall secure equal representation 
of the two political parties which, at the general election 
next preceding that for which such boards or officers 
are to serve, cast the highest and the next highest 
number of votes. All such boards and officers shall be 
appointed or elected in such manner, and upon the 
nomination of such representatives of said parties re- 
spectively, as the Legislature may direct. Existing 
laws on this subject shall continue until the Legislature 
shall otherwise provide. This section shall not apply 
to town meetings, or to village elections. 

ARTICLE III.— The Legislature. 

1. Tivo Houses. — The legislative power of this State 
shall be vested in the Senate and Assembly. 



SeCS. 1-4] SENATE AND ASSEMBLY DISTRICTS. 161 

2. How constituted. — The Senate shall consist of 50 
members, except as hereinafter provided. The Sena- 
tors elected in the year 1895 shall hold their offices for 
three years, and their successors shall be chosen for two 
years. The Assembly shall consist of 150 members 
who shall be chosen for one year. 

3. Senate districts. — The State shall be divided into 
50 districts to be called Senate districts, each of which 
shall choose one Senator. The districts shall be num- 
bered from 1 to 50, inclusive.* 

4. How altered. — An enumeration of the inhabitants 
of the State shall be taken under the direction of the 
Secretary of State, during the months of May and June, 
in the year 1905, and in the same months every tenth 
ye^r thereafter ; and the said districts shall be so 

.cered by the Legislature at the first regular session 
after the return of every enumeration, that each Senate 
district shall contain as nearly as may be an equal num- 
ber of inhabitants, excluding aliens, and be in as com- 
pact form as practicable, and shall remain unaltered 
until the return of another enumeration, and shall at 
all times, consist of contiguous territory, and no county 
shall be divided in the formation of a Senate district 
except to make two or more Senate districts wholly in 
such county.. No town, and no block in a city inclosed 
by streets or public ways, shall be divided in the forma- 
tion of Senate districts ; nor shall any district contain 
a greater excess in population over an adjoining dis- 
trict in the same county, than the population of a town 
or block therein, adjoining such district. Counties, 

* For existing Senate districts, see pages 52, 53, Northam's Civil Govern- 
ment. 



162 CONSTITUTION OF NEW YOBK STATE. [Art. Ill 

towns or blocks which, from their location, may be 
included in either of two districts, shall be so placed as 
to make said districts most nearly equal in number of 
inhabitants, excluding aliens. 

No county shall have four or more Senators unless it 
shall have a full ratio for each Senator. No county 
shall have more than one-third of all the Senators ; 
and no two counties or the territory thereof as now 
organized, which are adjoining counties, or which are 
separated only by public waters, shall have more than 
one-half of all the Senators. 

The ratio for apportioning Senators shall always be 
obtained by dividing the number of inhabitants, exclud- 
ing aliens, by fifty, and the Senate shall always be com- 
posed of fifty members, except that if any county 
having three or more Senators at the time of any appor- 
tionment shall be entitled on such ratio to an additional 
Senator or Senators, such additional Senator or Sena- 
tors shall be given to such county in addition to the 
fifty Senators, and the whole number of Senators shall 
be increased to that extent. 

5. Assembly districts. — The member of the Assembly 
shall be chosen by single districts, and shall be appor- 
tioned by the Legislature at the first regular session 
after the return of every enumeration among the several 
counties of the State, as nearly as may be according to 
the number of their respective inhabitants, excluding 
aliens. Every county heretofore established and sepa- 
rately organized, except the county of Hamilton, shall 
always be entitled to one member of Assembly, and no 
county shall hereafter be erected unless its population 
shall entitle it to a member. The county of Hamilton 



Sec. 5] THE LEGISLATURE 163 

shall elect with the county of Fulton, until the popula- 
tion of the county of Hamilton shall, according to the 
ratio, entitle it to a member. But the Legislature may 
abolish the said county of Hamilton and annex the 
territory thereof to some other county or counties. 

The quotient obtained by dividing the whole number 
of inhabitants of the State, excluding aliens, by the 
number of members of Assembly, shall be the ratio for 
apportionment, which shall be made as follows : One 
member of Assembly shall be apportioned to every 
county, including Fulton and Hamilton as one county, 
containing less than the ratio and one-half over. Two 
members shall be apportioned to every other county. 
The remaining members of assembly shall be appor- 
tioned to the counties having more than two ratios 
according to the number of inhabitants, excluding 
aliens. Members apportioned on remainders shall be 
apportioned to the counties having the highest remain- 
ders in the order thereof respectively. No county shall 
have more members of Assembly than a county having 
a greater number of inhabitants, excluding aliens. * 

In any county entitled to more than one member, the 
board of supervisors, and in any city embracing an 
entire county and having no board of supervisors, the 
common council, or if there be none, the body exercis- 
ing the powers of a common council, shall assemble on 
the second Tuesday of June, 1895, and at such times 
as the Legislature making an apportionment shall pre- 
scribe, and divide such counties into Assembly districts 
as nearly equal in number of inhabitants, excluding 

* For existing Assembly districts, see pages 53, 54, Northam's Civil Gov- 
ernment, 



164 CONSTITUTION OF NEW YORK STATE. [Art. Ill 

aliens, as may be, of convenient and contiguous ter- 
ritory in as compact form as practicable, each of which 
shall be wholly within a Senate district formed under 
the same apportionment, equal to the number of mem- 
bers of Assembly to which such county shall be entitled, 
and shall cause to be filed in the office of the Secretary 
of State and of the clerk of such county, a description 
of such districts, specifying the number of each dis- 
trict and of the inhabitants thereof, excluding aliens, 
according to the last preceding enumeration ; and such 
apportionment and districts shall remain unaltered 
until another enumeration shall be made, as herein 
provided ; but said division of the city of Brooklyn and 
the county of Kings to be made on the second Tuesday 
of June, 1895, shall be made by the common council 
of said city and the board of supervisors of said county, 
assembled in joint session. In counties having more 
than one Senate district, the same number of Assembly 
districts shall be put in each Senate district, unless the 
Assembly districts cannot be evenly divided among the 
Senate districts of any county, in which case one more 
Assembly district shall be put in the Senate district in 
such county having the largest, or one less Assembly dis- 
trict shall be put in the Senate district in such county 
having the smallest number of inhabitants, excluding 
aliens, as the case may require. No town, and no 
block in a city inclosed by streets or public ways, shall 
be divided in the formation of Assembly districts, nor 
shall any district contain a greater excess in population 
over an adjoining district in the same Senate district, 
than the population of a town or block therein adjoin- 
ing such Assembly- district. Towns or blocks which, 



Sees. 6-7] the legislature. 165 

from their location, may be included in either of two 
districts, shall be so placed as to make said districts 
most nearly equal in number of inhabitants, excluding 
aliens ; but in the division of cities under the first 
apportionment, regard shall be had to the number of 
inhabitants, excluding aliens, of the election districts 
according to the State enumeration of 1892, so far as 
may be, instead of blocks. Nothing in this section 
shall prevent the division, at any time, of counties and 
towns, and the erection of new towns by the Legislature. 
An apportionment by the Legislature, or other body, 
shall be subject to review by the Supreme Court, at the 
suit of any citizen, under such reasonable regulations as 
the Legislature may prescribe ; and any court before 
which a cause may be pending involving an apportion- 
ment, shall give precedence thereto over all other causes 
and proceedings, and if said court be not in session it 
shall convene promptly for the disposition of the same. 

6. Salary of members. — Each member of the Legisla- 
ture shall receive for his services an annual salary of 
$1,500. The members of either house shall also receive 
the sum of one dollar for every ten miles they shall travel 
in going to and returning from their place of meeting, 
once in each session, on the most usual route. Sena- 
tors, when the Senate alone is convened in extraordin- 
ary session, or when serving as members of the Court 
for the trial of impeachments, and such members of 
the Assembly, not exceeding nine in number, as shall 
be appointed managers of an impeachment, shall receive 
an additional allowance of ten dollars a day. 

7. Prohibitions. — No member of the Legislature shall 
receive any civil appointment within this State, or the 



iGG CONSTITUTION OF NEW YORK STATE. j^Art. Ill 

Senate of the United States, from the Governor, the 
Governor and Senate, or from the Legislature, or from 
any city government, during the time for which he shall 
have been elected ; and all such appointments and all 
votes given for any such member for any such office or 
appointment shall be void. 

8. Disqualifications. — No person shall be eligible to 
the Legislature, who at the time of his election, is, or 
within 100 days previous thereto has been, a member of 
Congress, a civil or military officer under the United 
States, or an officer under any city government. And 
if any person shall, after his election as a member of 
the Legislature, be elected to Congress, or appointed to 
any office, civil or military, under the government of 
the United States, or under any city government, his 
acceptance thereof shall vacate his seat. 

9. Election. — The elections of Senators and Members 
of Assembly, pursuant to the provisions of this Consti- 
tution, shall be held on the Tuesday succeeding the 
first Monday of November, unless otherwise directed by 
the Legislature. 

10. Rules of the liouse. — A majority of each house 
shall constitute a quorum to do business. Each house 
shall determine the rules of its own proceedings, and 
be the judge of the elections, returns and qualifications 
of its own members ; shall choose its own officers ; and 
the Senate shall choose a temporary president to pre- 
side in case of the absence or impeachment of the Lieu- 
tenant-Governor, or when he shall refuse to act as 
president, or shall act as Governor. 

11. Journals. — Each house shall keep a journal of 
its proceedings, and publish the same, except such 



Sees. 8-10] THE LEGlSLATtTBE. 16? 

parts as may require secrecy. The doors of each house 
shall be kept open, except when the public welfare shall 
require secrecy. Neither house shall, without the con- 
sent of the other, adjourn for more than two days. 

12. Privilege. — For any speech or debate in either 
house of the Legislature, the members shall not be 
questioned in any other place. 

13. Bills. — Any bill may originate in either house 
of the Legislature, and all bills passed by one house 
may be amended by the other. 

14. Enacting clause. — The enacting clause of all bills 
shall be " The People of the State of New York, repre- 
sented in Senate and Assembly, do enact as follows," 
and no law shall be enacted except by bill. 

15. Deliberate legislation. — No bill shall be passed or 
become a law unless it shall have been printed and 
upon the desks of the members, in its final form, at 
least three calendar legislative days prior to its final 
passage, unless the Governor, or the acting Governor, 
shall have certified to the necessity of its immediate 
passage, under his hand and the seal of the State ; nor 
shall any bill be passed or become a law, except by the 
assent of a majority of the members elected to each 
branch of the Legislature ; and upon the last reading 
of a bill, no amendment thereof shall be allowed, and 
the question upon its final passage shall be taken im- 
mediately thereafter, and the yeas and nays entered on 
the journal. 

16. Private bills. — No private or local bill, which 
may be passed by the Legislature, shall embrace more 
than one subject, and that shall be expressed in the 
title. 



168 CONSTITUTION OF NEW YORK STATE. [Art. Ill 

17. Restrictions. — No act shall be passed which shall 
provide that any existing law, or any part thereof, shall 
be made or deemed a part of said act, or which shall 
enact that any existing law, or part thereof, shall be 
applicable, except by inserting it in such act. 

18. Further restrictions. — The Legislature shall not 
pass a private or local bill in any of the following cases : 

Changing the names of persons. 

Laying out, opening, altering, working or discon- 
tinuing roads, highways or alleys, or for draining 
swamps or other low lands. 

Locating or changing county seats. 

Providing for changes of venue in civil or criminal 
cases. 

Incorporating villages. 

Providing for election of members of boards of super- 
visors. 

Selecting, drawing, summoning or impanelling grand 
or petit jurors. 

Eegulating the rate of interest on money. 

The opening and conducting of elections or designat 
ing places of voting. 

Creating, increasing or decreasing fees, percentage oi 
allowances of public officers, during the term for which 
said officers are elected or appointed. 

Granting to any corporation, association or individ- 
ual the right to lay down railroad tracks. 

Granting to any private corporation, association or 
individual any exclusive privilege, immunity or fran- 
chise whatever. 

Providing for building bridges, and chartering com- 
panies for such purposes, except on the Hudson river 



SeCS. 17-21] THE LEGISLATURE. 169 

below Waterford, and on the East river, or over the 
waters forming a part of the boundaries of the State. 

The Legislature shall pass general laws providing for 
the cases enumerated in this section, and for all other 
cases which in its judgment may be provided for by 
general laws. But no law shall authorize the construc- 
tion or operation of a street railroad except upon the 
condition that the consent of the owners of one-half in 
value of the property bounded on, and the consent also 
of the local authorities having the control of, that por- 
tion of a street or highway upon which it is proposed 
to construct or operate such railroad be first obtained, 
or in case the consent of such property owners cannot 
be obtained, the Appellate Division of the Supreme 
Court, in the department in which it is proposed to be 
constructed, may, upon application, appoint three com- 
missioners who shall determine, after a hearing of all 
parties interested, whether such railroad ought to be 
constructed or operated, and their determination, con- 
firmed by the court, may be taken in lieu of the consent 
of the property owners. 

19. Auditing. — The Legislature shall neither audit 
nor allow any private claim or account against the 
State, but may appropriate money to pay such claims 
as shall have been audited and allowed according to law. 

20. Two-thirds vote. — The assent of two-thirds of the 
members elected to each branch of the Legislature shall 
be requisite to every bill appropriating the public 
moneys or property for local or private purposes. 

21. Appropriations. — No money shall ever be paid 
out of the treasury of this State, or any of its funds, or 
any of the funds under its management, except in pur- 



170 COtfSTITUTIOH OF NEW YORK STATE. [Art. Ill 

suance of an appropriation by law; nor unless such 
payment be made within two years next after the pas- 
sage of such appropriation act ; and every such law 
making a new appropriation, or continuing or reviving 
an appropriation, shall distinctly specify the sum ap- 
propriated, and the object to which it is to be applied ; 
and it shall not be sufficient for such law to refer to any 
other law to fix such sum. 

22. Extraneous provisions. — No provision or enact- 
ment shall be embraced in the annual appropriation or 
supply bill, unless it relates specifically to some particu- 
lar appropriation in the bill ; and any such provision 
or enactment shall be limited in its operation to such 
appropriation. 

23. Revised statutes. — Sections 17 and 18 of this 
article shall not apply to any bill, or the amendments to 
any bill, which shall be reported to the Legislature by 
commissioners who have been appointed pursuant to 
law to revise the statutes. 

24. Tax hills. — Every law which imposes, continues 
or revives a tax shall distinctly state the tax and the 
object to which it is to be applied, and it shall not be 
sufficient to refer to any other law to fix such tax or 
object. 

25. On the final passage, in either house of the Leg- 
islature, of any act which imposes, continues or revives 
a tax, or creates a debt or charge, or makes, continues 
or revives any appropriation of public or trust money 
or property, or releases, discharges or commutes any 
claim or demand of the State, the question shall be 
taken by yeas #nd nays, which shall be duly entered 
upon the journals, and three-fifths of all the members 



Sees. 22-29] the legislature. 171 

elected to either house shall, in all such cases, be neces- 
sary to constitute a quorum therein. 

26. Supervisors. — There shall be in the several coun- 
ties, except in cities whose boundaries are the same as 
those of the county, a board of supervisors, to be com- 
posed of such members, and elected in such manner, 
and for such period, as is or may be provided by law. 
In any such city the duties and powers of a board of 
supervisors may be devolved upon the common council 
or board of aldermen thereof. 

27. Local legislation. — The Legislature shall, by gen- 
eral laws, confer upon the boards of supervisors of the 
several counties of the State such further powers of 
local legislation and administration as the Legislature 
may from time to time deem expedient. 

28. Compensation. — The Legislature shall not, nor 
shall the common council of any city, nor any board of 
supervisors, grant any extra compensation to any public 
officer, servant, agent or contractor. 

29. Prison-labor. — The Legislature shall, by law, 
provide for the occupation and employment of prisoners 
sentenced to the several State prisons, penitentiaries, 
jails and reformatories in the State ; and on and after 
the 1st day of January, in the year 1897, no person in 
any such prison, penitentiary, jail or reformatory, shall 
be required or allowed to work, while under sentence 
thereto, at any trade, industry or occupation, wherein 
or whereby his work, or the product or profit of his 
work, shall be farmed out, contracted, given or sold 
to any person, firm, association or corporation. This 
section shall not be construed to prevent the Legislature 
from providing that convicts may work for, and that 



1^ CONSTITUTION OF NEW YORK STATE. [Art. IV 

the products of their labor may be disposed of to, the 
State or any political division thereof, or for or to any 
public institution owned or managed and controlled by 
the State, or any political division thereof. 

ARTICLE IV.— Executive Department. 

1. Officers. — The executive power shall be vested in a 
Governor, Avho shall hold his office for two years ; a 
Lieutenant-Governor shall be chosen at the same time, 
and for the same term. The Governor and Lieutenant- 
Governor elected next preceding the time when this 
section shall take effect, shall hold office until and in- 
cluding the 31st day of December, 1896, and their suc- 
cessors shall be chosen at the general election in that 
year. 

2. Eligibility, — No person shall be eligible to the 
office of Governor or Lieutenant-Governor, except a 
citizen of the United States, of the age of not less than 
30 years, and who shall have been five years next pre- 
ceding his election a resident of this State. 

3. Election. — The Governor and Lieutenant-Governor 
shall be elected at the times and places of choosing mem- 
bers of the Assembly. The persons respectively having 
the highest number of votes for Governor and Lieuten- 
ant-Governor shall be elected ; but in case two or more 
shall have an equal and the highest number of votes for 
Governor, or for Lieutenant-Governor, the two houses 
of the Legislature at its next annual session shall forth- 
with, by joint ballot, choose one of the said persons so 
having an equal and the highest number of votes for 
Governor or Lieutenant-Governor. 

4. Duties of the Governor. — The Governor shall be 



SeCS. 1-5] EXECUTIVE DEPARTMENT. 173 

Commander-in-Chief of the military and naval forces 
of the State. He shall have power to convene the Leg- 
islature, or the Senate only, on extraordinary occasions. 
At extraordinary sessions no subject shall be acted upon, 
except such as the Governor may recommend for con- 
sideration. He shall communicate by message to the 
Legislature at every session the condition of the State, 
and recommend such matters to it as he shall judge 
expedient. He shall transact all necessary business 
with the officers of the government, civil and military. 
He shall expedite all such measures as may be resolved 
upon by the Legislature, and shall take care that the 
laws are faithfully executed. He shall receive for his 
services an annual salary of $10,000, and there shall be 
provided for his use a suitable and furnished executive 
residence. 

5. Pardons.— The Governor shall have the power to 
grant reprieves, commutations and pardons after con- 
viction, for all offences except treason and cases of 
impeachment, upon such conditions and with such 
restrictions and limitations, as he may think proper, 
subject to such regulations as may be provided by law 
relative to the manner of applying for pardons. Upon 
conviction for treason, he shall have power to suspend 
the execution of the sentence, until the case shall be 
reported to the Legislature at its next meeting, when 
the Legislature shall either pardon, or commute the 
sentence, direct the execution of the sentence, or grant 
a further reprieve. He shall annually communicate to 
the Legislature each case of reprieve, commutation or 
pardon granted, stating the name of the convict, the 
crime of which he was convicted, the sentence and its 



1*4: CONSTITUTION OF *n@"W TOS* £TATE. [Art. IV 

ilate, and the date of the commutation, pardon or re- 
prieve. 

6. Power may devolve on the Lt. Gov, — In case of im- 
peachment of the Governor, or his removal from office, 
death, inability to discharge the powers and duties of 
the said office, resignation, or absence from the State, 
the powers and duties of the office shall devolve upon 
the Lieutenant-Governor for the residue of the term, or 
until the disability shall cease. But when the Gover- 
nor shall, with the consent of the Legislature, be out of 
the State, in time of war, at the head of a military 
force thereof, he shall continue commander-in-chief of 
all the military force of the State. 

7. Duties of Lt. Governor. — The Lieutenant-Gover- 
nor shall possess the same qualifications of eligibility for 
office as the Governor. He shall be president of the 
Senate, but shall have only a casting vote therein. If 
during a vacancy of the office of Governor, the Lieuten- 
ant-Governor shall be impeached, displaced, resign, die, 
or become incapable of performing the duties of his 
office, or be absent from the State, the President of the 
Senate shall act as Governor until the vacancy be filler 1 
or the disability shall cease ; and if the President (\ 
the Senate for any of the above causes shall become 
incapable of performing the duties pertaining to the 
office of Governor, the Speaker of the Assembly shall 
act as Governor until the vacancy be filled or the dis- 
ability shall cease. 

8. Salary. — The Lieutenant-Governor shall receive 
for his services an annual salary of $5,000, and shall not 
receive or be entitled to any other compensation, fee or 



SeCS. 6-9] EXECUTIVE DEPARTMENT. 175 

perquisite, for any duty or service he may be required 
to perform by the Constitution or by law. 

9. The veto. — Every bill which shall have passed the 
Senate and Assembly shall, before it becomes a law, be 
presented to the Governor ; if he approve, he shall sign 
it ; but if not, he shall return it with his objections to 
the house in which it shall have originated, which shall 
enter the objections at large on the journal, and pro- 
ceed to reconsider it. If after such reconsideration, 
two-thirds of the members elected to that house shall 
agree to pass the bill, it shall be sent together with the 
objections to the other house by which it shall likewise 
be reconsidered ; and if approved by two-thirds of the 
members elected to that house, it shall become a law 
notwithstanding the objections of the Governor. In all 
such cases, the votes in both houses shall be determined 
by yeas and nays, and the names of the members voting- 
shall be entered on the journal of each house respec- 
tively. If any bill shall not be returned by the Gover- 
nor within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Legisla- 
ture shall, by their adjournment, prevent its return,, in 
which case it shall not become a law without the ap- 
proval of the Governor. Xo bill shall become a law 
after the final adjournment of the Legislature, unless 
approved by the Governor within thirty days after such 
adjournment. If any bill presented to the Governor 
contain several items of appropriation of money, he may 
object to one or more of such items while approving of 
the other portion of the bill. In such case, he shall 
append to the bill, at the time of signing it, a statement 



176 CONSTITUTION OF NEW YORK STATE. [Art. V 

of the items to which he objects ; and the appropriation 
so objected to shall not take effect. If the Legislature 
be in session, he shall transmit to the house in which 
the bill originated a copy of such statement, and the 
items objected to shall be separately reconsidered. If 
on reconsideration one or more of such items be ap- 
proved by two-thirds of the members elected to each 
house, the same shall be part of the law, notwithstand- 
ing the objections of the Governor. All the provisions' 
of this section, in relation to bills not approved by the 
Governor, shall apply in cases in which he shall with- 
hold his approval from any item or items contained in 
a bill appropriating money. 

ARTICLE V.-Other State Officers. 

1. Election. — The Secretary of State, Comptroller, 
Treasurer, Attorney-General and State Engineer and 
Surveyor shall be chosen at a general election, at the 
times and places of electing the Governor and Lieuten- 
ant-Governor, and shall hold their offices for two years, 
except as provided in section two of this article. Each 
of the officers in this article named, excepting the 
Speaker of the Assembly, shall at stated times during 
his continuance in office, receive for his services a com- 
pensation which shall not be increased or diminished 
during the term for which he shall have been elected ; 
nor shall he receive to his use any fees or perquisites 
of office or other compensation. Iso person shall be 
elected to the office of State Engineer and Surveyor 
who is not a practical civil engineer. 

2. The first election of the Secretary of State, Comp- 
troller, Treasurer, Attorney-General and State Engineer- 



SeCS. 1-3] OTHER STATE OFFICERS. 177 

and Surveyor, pursuant to this article shall be held in 
the year 1895, and their terms of office shall begin on 
the 1st day of January following, and shall be for three 
years. At the general election in the year 1898, and 
every two years thereafter, their successors shall be 
chosen for the term of two years. 

3. Superintendent of Public Works. — The Superin- 
tendent of Public Works shall be appointed by the 
Governor, by and with the advice and consent of the 
Senate, and hold his office until the end of the term of 
the Governor by whom he was nominated, and until his 
successor is appointed and qualified. He shall receive 
a compensation to be fixed by law. He shall be required 
by law to give security for the faithful execution of his 
office before entering upon the duties thereof. He 
shall be charged with the execution of all laws relating 
to the repair and navigation of the canals, and also of 
those relating to the construction and improvement of 
the canals, except so far as the execution of the laws 
relating to such construction or improvement shall be 
confided to the State Engineer and Surveyor ; subject 
to the control of the Legislature, he shall make the rules 
and regulations for the navigation or use of the canals. 
He may be suspended or removed from office by the 
Governor, whenever, in his judgment, the public inter- 
est shall so require ; but in case of the removal of such 
Superintendent of Public Works from office, the Gover- 
nor shall file with the Secretary of State a statement of 
the cause of such removal, and shall report such removal 
and the cause thereof to the Legislature at its next session. 
The Superintendent of Public Works shall appoint not 
more than three assistant superintendents, whose duties 



178 CONSTITUTION OF NEW YORK STATE. [Art. V 

shall be prescribed by him, subject to modification by 
the Legislature, and who shall receive for their services 
a compensation to be fixed by law. They shall hold 
their office for three years, subject to suspension or 
removal by the Superintendent of Public Works, when- 
ever, in his judgment, the public interest shall so require. 
Any vacancy in the office of any such assistant superin- 
tendent shall be filled for the remainder of the term for 
which he was appointed, by the Superintendent of 
Public Works ; but in case of the suspension or removal 
of any such assistant superintendent by him, he shall at 
once report to the Governor, in writing, the cause of 
such removal. All other persons employed in the care 
and management of the canals, except collectors of tolls, 
and those in the department of the State Engineer and 
Surveyor, shall be appointed by the Superintendent of 
Public Works, and be subject to suspension or removal 
by him. The Superintendent of Public Works shall 
perform all the duties of the former Canal Commis^ 
sioners, and Board of Canal Commissioners, as now 
declared by law, until otherwise provided by the Legisla- 
ture. The Governor, by and with the advice and con- 
sent of the Senate, shall have power to fill vacancies in 
the office of Superintendent of Public Works ; if the 
Senate be not in session, he may grant commissions 
which shall expire at the end of the next succeeding 
session of the Senate. 

4. Supt. of State Prisons. — A Superintendent of 
State Prisons shall be appointed by the Governor, by 
and with the advice and consent of the Senate, and hold 
his office for five years, unless sooner removed ; he 
shall give security in such amount, and with such 



Sees. 4-7] state prisons : land office. 170 

sureties as shall be required by law for the faithful 
discharge of his duties ; lie shall have the superintend- 
ence; management and control of State prisons, subject 
to such laws as now exist or may hereafter be enacted ; 
he shall appoint the agents, wardens, physicians and 
chaplains of the prisons. The agent and warden of 
each prison shall appoint all other officers of such 
prison, except the clerk, subject to the approval of the 
same by the Superintendent. The Comptroller shall 
appoint the clerks of the prisons. The Superintendent 
shall have all the powers and perform all the duties not 
inconsistent herewith, which were formerlv had and 
performed by the Inspectors of State Prisons. The 
Governor may remove the Superintendent for cause at 
any time, giving to him a copy of the charges against 
him, and an opportunity to be heard in his defence. 

5. Commissioners of the Land Office. — The Lieuten- 
ant-Governor, Speaker of the Assembly, Secretary of 
State, Comptroller, Treasurer, Attorney-General and 
State Engineer and Surveyor shall be the Commissioners 
of theLand Office. The Lieutenant-Governor, Secretary 
of State, Comptroller, Treasurer and Attorney-General 
shall be the Commissioners of the Canal Fund. The 
Canal Board shall consist of the Commissioners of the 
Canal Fund, the State Engineer and Surveyor and the 
Superintendent of Public Works. 

6. Potvers and duties. — The powers and duties of the 
respective boards, and of the several officers in this 
article mentioned, shall be such as now are or hereafter 
may be prescribed by law. 

7. Treasurer may be suspended. — The Treasurer may 
be suspended from office by the Governor, during the 



180 CONSTITUTION OF NEW YORK STATE. [Art. V 

recess of the Legislature, and until 30 days after the 
commencement of the next session of the Legislature, 
whenever it shall appear to him that such Treasurer 
has, in any particular, violated his duty. The Gover- 
nor shall appoint a competent person to discharge the 
duties of the office during such suspension of the 
Treasurer. 

8. Certain offices abolished. — All offices for the weigh- 
ing, gauging, measuring, culling or inspecting any 
merchandise, produce, manufacture or commodity what- 
ever, are hereby abolished ; and no such office shall 
hereafter be created by law ; but nothing in this section 
contained shall abrogate any office created for the pur- 
pose of protecting the public health or the interests of 
the State in its property, revenue, tolls or purchases, 
or of supplying the people with correct standards of 
weights and measures, or shall prevent the creation of 
any such office for such purposes hereafter. 

9. Civil service examinations. — Appointments and 
promotions in the civil service of the State, and of all 
the civil divisions thereof, including cities and villages, 
shall be made according to merit and fitness to 
be ascertained, so far as practicable, by examination 
which, so far as practicable, shall be competitive ; 
provided, however, that honorably discharged soldiers 
and sailors from the army and navy of the United 
States in the late civil war, who are citizens and resi- 
dents of this State, shall be entitled to preference in 
appointment and promotion, without regard to their 
standing on any list from which such appointment or 
promotion may be made. Laws shall be made to pro- 
vide for the enforcement of this section. 



Sees. 1, 2] JUDICIARY. 181 

ARTICLE VI.— Judiciary. 

1. The Supreme Court, — The Supreme Court is con- 
tinued with general jurisdiction in law and equity, 
subject to such appellate jurisdiction of the Court of 
Appeals as now is or may be prescribed by law not 
inconsistent with this article. The existing judicial 
districts of the State are continued until changed as 
hereinafter provided.* The Supreme court shall con- 
sist of the Justices now in office, and of the Judges 
transferred thereto by the fifth section of this article, 
all of whom shall continue to be Justices of the Supreme 
Court during their respective terms, and of 12 additional 
Justices who shall reside in and be chosen by the 
electors of, the several existing judicial districts, 3 in the 
first district, 3 in the second, and 1 in each of the other 
districts ; and of their successors. The successors of 
said Justices shall be chosen by the electors of their 
respective judicial districts. The Legislature may alter 
the judicial districts once after every enumeration 
under the Constitution, of the inhabitants of the State, 
and thereupon reapportion the Justices to be there- 
after elected in the districts so altered. 

2. Judicial departments. — The Legislature shall 
divide the State into 4 judicial departments. The 1st 
department shall consist of the county of New York ; 
the others shall be bounded by county lines, and be 
compact and equal in population as nearly as may be. 
Once every ten years the Legislature may alter the 
judicial departments, but without increasing the num- 
ber thereof. 

* For existing judicial districts, see Northain's Civil Government, pp. 
xi., 81, 82. 



182 CONSTITUTIOX OF NEW YORK STATE. fArt. VI 

There shall be an Appellate Division of the Supreme 
Court, consisting of 7 Justices in the first department, 
and of 5 Justices in each of the other departments. In 
each department 4 shall constitute a quorum, and the 
concurrence of 3 shall be necessary to a decision. No 
more than 5 Justices shall sit in any case. 

From all the Justices elected to the Supreme Court 
the Governor shall designate those who shall constitute 
the Appellate Division in each department ; and he 
shall designate the presiding Justice thereof, who shall 
act as such during his term of office, and shall be a 
resident of the department. The other Justices shall 
be designated for terms of 5 years, or the unexpired por- 
tions of their respective terms of office, if less than 5 
years. From time to time as the terms of such desig- 
nations expire, or vacancies occur, he shall make new 
designations. He may also make temporary designa- 
tions in case of the absence or inability to act, of any 
Justice in the Appellate Division. A majority of the 
Justices designated to sit in the Appellate Division in 
each department shall be residents of the department. 
Whenever the Appellate Division in any department 
shall be unable to dispose of its business within a reason- 
able time, a majority of the presiding Justices of the 
several departments at a meeting called by the presiding 
Justice of the department in arrears may transfer any 
pending appeals from such department to any other 
department for hearing and determination. No Justice 
of the Appellate Division shall exercise any of the powers 
of a Justice of the Supreme Court, other than those of a 
Justice out of court, and those pertaining to the Appel- 
late Division or to the hearing and decision of motions 



Sees. 3, 4] judiciary. 183 

submitted by consent of council. From and after the 
last day of December, 1895, the Appellate Division shall 
have the jurisdiction now exercised by the Supreme Court 
at its General Terms, and by the General Terms of the 
Court of Common Pleas for the City and County of 
]\ T ew York, the Superior Court of the City of New 
York, the Superior Court of Buffalo and the City Court 
of Brooklyn, and such additional jurisdiction as may be 
conferred by the Legislature. It shall have power to 
appoint and remove a reporter. 

The Justices of the Appellate Division in each depart- 
ment shall have power to fix the times and places for 
holding Special and Trial Terms therein, and to assign 
the Justices in the departments to hold such terms ; or 
to make rules therefor. 

3. Equity cases. — No Judge or Justice shall sit in 
the Appellate Division or in the Court of Appeals in 
review of a decision made by him or by any court of 
which he was at the time a sitting member. The testi- 
mony in equity cases shall be taken in like manner as 
in cases at law ; and, except as herein otherwise pro- 
vided, the Legislature shall have the same power to 
alter and regulate the jurisdiction and proceedings in 
law and in equity that it has heretofore exercised. 

4. Term of office. — The official terms of the Justices 
of the Supreme Court shall be 14 years from and in- 
cluding the first day of January next after their elec- 
tion. When a vacancy shall occur otherwise than by 
expiration of term in the office of Justice of the Su- 
preme Court the same shall be filled for a full term, at 
the next general election, happening not less than 3 
months after such vacancy occurs ; and, until the 



184 CONSTITUTION OF NEW YORK STATE. [Art. VI 

Vacancy shall be so filled, the Governor by and with the 
advice and consent of the Senate, if the Senate shall 
be in session, or if not in session the Governor, may 
fill such vacancy by appointment, which shall continue 
until and including the last day of December next after 
the election at which the vacancy shall be filled. 

5. Abolishment of courts. — The Superior Court of 
the City of New York, the Court of Common Pleas for 
the City and County of New York, the Superior Court 
of Buffalo, and the City Court of Brooklyn, are abol- 
ished from and after the 1st day of January, 1896, and 
thereupon the seals, records, papers and documents of 
or belonging to such courts, shall be deposited in the 
offices of the Clerks of the several counties in which 
said courts now exist ; and all actions and proceedings 
then pending in such courts shall be transferred to the 
Supreme Court for hearing and determination. The 
Judges of said courts in office on the 1st day of Janu- 
ary, 1896, shall, for the remainder of the terms for 
which they were elected or appointed, be Justices of the 
Supreme Court ; but they shall sit only in the counties 
in which they were elected or appointed. Their sala- 
ries shall be paid by the said counties respectively, and 
shall be the same as the salaries of the other Justices of 
the Supreme Court residing in the same counties. 
Their successors shall be elected as Justices of the 
Supreme Court by the electors of the judicial districts 
in which they respectively reside. 

The jurisdiction now exercised by the several courts 
hereby abolished, shall be vested in the Supreme Court. 
Appeals from inferior and local courts now heard in the 
Court of Common Pleas for the City and County of 



Sees. 0-8] judiciary. 185 

New York and the Superior Court of Buffalo, shall be 
heard in the Supreme Court in such manner and by 
such Justice or Justices as the Appellate Divisions in 
the respective departments which include New York 
and Buffalo shall direct, unless otherwise provided by 
the Legislature. 

6. Jurisdiction, — Circuit Courts and Courts of Oyer 
and Terminer are abolished from and after the last day 
of December, 1895. All their jurisdiction shall there- 
upon be vested in the Supreme Court, and all actions 
and proceedings then pending in such courts shall be 
transferred to the Supreme Court for hearing and de- 
termination. Any Justice of the Supreme Court, ex- 
cept as otherwise provided in this article, may hold 
court in any county. 

7. The Court of Appeals. — The Court of Appeals is 
continued. It shall consist of the Chief Judge and 
Associate Judges now in office, who shall hold their 
offices until the expiration of their respective terms, and 
their successors, who shall be chosen by the electors of 
the State. The official terms of the Chief Judge and 
Associate Judges shall be 14 years from and including 
the 1st day of January next after their election. Five 
members of the court shall form a quorum, and the 
concurrence of four shall be necessary to a decision. The 
court shall have power to appoint and remove its repor- 
ter, clerk and attendants. 

8. Filling of vacancies. — When a vacancy shall occur 
otherwise than by expiration of term, in the office of 
Chief or Associate Judge of the Court of Appeals, the 
same shall be filled, for a full term, at the next general 
election happening not less than 3 months after such 



186 CONSTITUTION OF KE\V YORK STATE. [Art. Vt 

vacancy occurs ; and until the vacancy shall be so 
filled, the Governor, by and with the advice and consent of 
the Senate, if the Senate shall be in session, or if not in 
session the Governor may fill such vacancy by appoint- 
ment. If any such appointment of Chief Judge shall 
be made from among the Associate Judges, a temporary 
appointment of Associate Judge shall be made in like 
manner ; but in such case, the person appointed Chief 
Judge shall not be deemed to vacate his office of Asso- 
ciate Judge any longer than until the expiration of his 
appointment as Chief Judge. The powers and juris- 
diction of the court shall not be suspended for want of 
appointment or election, when the number of Judges is 
sufficient to constitute a quorum. All appointments 
under this section shall continue until and including 
the last day of December next after the election at 
which the vacancy shall be filled. 

9. Limit to appeals. — After the last day of December, 
1895, the jurisdiction of the Court of Appeals, except 
where the judgment is of death, shall be limited to the 
review of questions of law. No unanimous decision of 
the Appellate Division of the Supreme Court that there 
is evidence supporting or tending to sustain a finding 
of fact or a verdict not directed by the court, shall be 
reviewed by the Court of Appeals. Except where the 
judgment is of death, appeals may be taken as of right, 
to said court only from judgments or orders entered 
upon decisions of the Appellate Division of the Supreme 
Court, finally determining actions or special proceed- 
ings, and from orders granting new trials on exceptions, 
Avhere the appellants stipulate that upon affirmance 
judgment absolute shall be rendered against them. 



Sees. 0-11] JUDiciAnW 18^ 

The Appellate Division in any department may how- 
ever, allow an appeal upon any question of law which, 
in its opinion, ought to be reviewed by the Court of 
Appeals. 

The Legislature may further restrict the jurisdiction 
of the Court of Appeals and the right of appeal thereto, 
but the right to appeal shall not depend upon the 
amount involved. 

The provisions of this section shall not apply to 
orders made or judgments rendered by any General 
Term before the last day of December, 1895, but appeals 
therefrom may be taken under existing provisions of 
law. 

10. Prohibitions. — The Judges of the Court of Ap- 
peals and the Justices of the Supreme Court shall not 
hold any other office or public trust. All votes for any 
of them, for any other than a judicial office, given by 
the Legislature or the people, shall be void. 

11. Removed. — Judges of the Court of Appeals and 
Justices of the Supreme Court, may be removed by 
concurrent resolution of both houses of the Legislature, 
if two-thirds of all the members elected to each house 
concur therein. All other judicial officers, except Jus- 
tices of the Peace and judges or justices of inferior 
courts not of record, may be removed by the Senate, 
on the recommendation of the Governor, if two-thirds 
of all the members elected to the Senate concur therein. 
But no officer shall be removed by virtue of this section 
except for cause, which shall be entered on the journals, 
nor unless he shall have been served with a statement cf 
the cause alleged, and shall have had an opportunity to 



188 CONSTITUTION OF KEW YOUK STATE. [Art. VI 

be heard. On the question of removal, the yeas and 
nays shall be entered on the journal. 

12. Salaries. — The Judges and Justices hereinbefore 
mentioned shall receive for their services a compensa- 
tion established by law, which shall not be increased or 
diminished during their official terms, except as pro- 
vided in section five of this article. No person shall 
hold the office of Judge or Justice of any court longer 
than until and including the last day of December next 
after he shall be 70 years of age. No Judge or Justice 
elected after the first day of January, 1894, shall be 
entitled to receive any compensation after the last day 
of December next after he shall be 70 years of age ; but 
the compensation every Judge of the Court of Appeals 
or Justice of the Supreme Court elected prior to the 
first day of January, 1894, whose term of office has 
been, or whose present term of office shall be, so 
abridged, and who shall have served as such Judge or 
Justice 10 years or more, shall be continued during the 
remainder of the term for which he was elected ; but 
any such Judge or Justice may, with his consent, be 
assigned by the Governor, from time to time, to any 
duty in the Supreme Court while his compensation is 
so continued. 

13. Impeachment. — The Assembly shall have the 
power of impeachment, by a vote of a majority of all 
the members elected. The -Court for the Trial of Im- 
peachments shall be composed of the President of the 
Senate, the Senators, or the major part of them, and the 
Judges of the Court of Appeals, or the major part of 
them. On the trial of an impeachment against the 
Governor or Lieutenant-Governor, the Lieutenant-Gov- 



Sees. 12-14] judiciary. 189 

ernor shall not act as a member of the court. Xo 
judicial officer shall exercise his office., after articles of 
impeachment against him shall have been preferred to the 
Senate, until he shall have been acquitted. Before the 
trial of an impeachment the members of the court shall 
take an oath or affirmation truly and impartially to try the 
impeachment according to the evidence, and no person 
shall be convicted without the concurrence of two-thirds 
of the members present. Judgment in cases of im- 
peachment shall not extend further than to removal 
from office, or removal from office and disqualification to 
hold and enjoy any office of honor, trust or profit under 
this State ; but the party impeached shall be liable to 
indictment and punishment according to law. 

14. County Courts. — The existing county courts are 
continued, and the Judges thereof now in office shall 
hold their offices until the expiration of their respective 
terms. In the county of Kings there shall be 2 County 
Judges and the additional County Judge shall be chosen 
at the next general election held after the adoption of 
this article. The successors of the several County 
Judges shall be chosen by the electors of the counties 
for the term of 6 years. County Courts shall have the 
powers and jurisdiction they now possess, and also 
original jurisdiction in actions for the recovery of money 
only, where the defendants reside in the county, and in 
which the complaint demands judgment for a sum 
not exceeding $2,000. The Legislature may hereafter 
enlarge or restrict the jurisdiction of the County Courts, 
provided however that their jurisdiction shall not be so 
extended as to authorize an action therein for the 
recovery of money only, in which the sum demanded 



190 CONSTITUTION OF NEW YORK STATE. [Art. VI 

exceeds $2,000, or in which any person not a resident 
of the county is a defendant. 

Courts of Sessions, except in the county of New York, 
are abolished from and after the last day of December, 
1895. All the jurisdiction of the Court of Sessions in 
each county, except the county of New York, shall 
thereupon be vested in the County Court thereof, and 
all actions and proceedings then pending in such Courts 
of Sessions shall be transferred to said County Courts 
for hearing and determination. Every County Judge 
shall perform such duties as may be required by law. 
His salary shall be established by law, payable out of 
the county treasury. A County Judge of any county 
may hold County Courts in any other county when 
requested by the Judge of such other county. 

15. Surrogates 9 Courts. — The existing Surrogates' 
Courts are continued, and the Surrogates now in office 
shall hold their offices until the expiration of their 
terms. Their successors shall be chosen by the electors 
of their respective counties, and their terms of office 
shall be 6 years, except in the county of New York, 
where they shall continue to be 14 years. Surrogates 
and Surrogates' Courts shall have the jurisdiction and 
powers which the Surrogates and existing Surrogates' 
Courts now possess, until otherwise provided by the 
Legislature. The County Judge shall be Surrogate 
of his county, except where a separate Surrogate has 
been or shall be elected. In counties having a popu- 
lation exceeding 40,000, wherein there is no separate 
Surrogate, the Legislature may provide for the election 
of a separate officer to be Surrogate, whose term of 
office shall be 6 years. When the Surrogate shall be 



Sees. 15-17] judiciary. 191 

elected as a separate officer his salary shall be established 
by law, payable out of the county treasury. No County 
Judge or Surrogate shall hold office longer than until 
and including the last day of December next after he 
shall be TO years of age. Vacancies occurring in the 
office of County Judge or Surrogate shall be filled in 
the same manner as like vacancies occurring in the 
Supreme Court. The compensation of any County 
Judge or Surrogate shall not be increased or diminished 
during his term of office. For the relief of Surrogates' 
Courts the Legislature may confer upon the Supreme 
Court in any county having a population exceeding 
400,000, the powers and jurisdiction of Surrogates, with 
authority to try issues of fact by jury in probate cases. 

16. Vacancies. — The Legislature may, on application 
of the board of supervisors, provide for the election of 
local officeis, not to exceed two in any county, to dis- 
charge the duties of County Judge and of Surrogate, in 
cases of their inability or of a vacancy, and in such other 
cases as may be provided by law, and to exercise such 
other powers in special cases as are or may be provided 
by law. 

17. Justices of the Peace.— The electors of the several 
towns shall, at their annual town meetings, or at such 
other time and in such manner as the Legislature 
may direct, elect Justices of the Peace, whose term of 
office shall be 4 years. In case of an election to fill a 
vacancy occurring before the expiration of a full term, 
they shall hold for the residue of the unexpired term. 
Their number and classification may be regulated by 
law. Justices of the Peace and judges or justices of 
inferior courts not of record, and their clerks, may be 



192 CONSTITUTION OF NEW YORK STATE. [Art. VI 

removed for cause, after due notice and an opportunity 
of being heard, by such courts as are or may be pre- 
scribed by law. Justices of the Peace and District 
Court Justices may be elected in the different cities of 
this State in such manner, and with such powers, and 
for such terms, respectively, as are or shall be prescribed 
by law ; all other judicial officers in cities, whose elec- 
tion or appointment is not otherwise provided for in 
this article, shall be chosen by the electors of such cities, 
or appointed by some local authorities thereof. 

18. Local courts. — Inferior local courts of civil and 
criminal jurisdiction may be established by the Legisla- 
ture, but no inferior local court hereafter created shall 
be a court of record. The Legislature shall not here- 
after confer upon any inferior or local court of its 
creation, any equity jurisdiction or any greater jurisdic- 
tion in other respects than is conferred upon County 
Courts by or under this article. Except as herein 
otherwise provided, all judicial officers shall be elected 
or appointed at such times and in such manner as the 
Legislature may direct. 

19. Clerks. — Clerks of the several counties shall be 
clerks of the Supreme Court, with such powers and 
duties as shall be prescribed by law. The Justices of 
the Appellate Division in each department shall have 
power to appoint and to remove a clerk who shall keep his 
office at a place to be designated by said Justices. The 
Clerk of the Court of Appeals shall keep his office at 
the seat of government. The Clerk of the Court of 
Appeals and the clerks of the Appellate Division shall 
receive compensation to be established by law and paid 
out of the public treasury. 



Sees. 18-23] state debts. 193 

20. Compensation. — No judicial officer, except Jus- 
tices of the Peace, shall receive to his own use any fees 
or perquisites of office : nor shall any Judge of the 
Court of Appeals, or Justice of the Supreme Court, or 
any County Judge or Surrogate hereafter elected in a 
county having a population exceeding 120,000, practise 
as an attorney or counselor in any court of record in 
this State, or act as referee. The Legislature may 
impose a similar prohibition upon County Judges and 
Surrogates in other counties. No one shall be eligible 
to the office of Judge of the Court of Appeals, Justice 
of the Supreme Court, or, except in the county of 
Hamilton, to the office of County Judge or Surrogate, 
who is not an attorney and counsellor of this State. 

21. Legal publications. — The Legislature shall pro- 
vide for the speedy publication of all statutes ; and 
shall regulate the reporting of the decisions of the 
courts ; but all laws and judicial decisions shall be free 
for publication by any person. 

22. Expiration of terms of office. — Justices of the 
Peace and other local judicial officers provided for in 
sections 17 and 18, in office when this article takes 
effect, shall hold their offices until the expiration of 
their respective terms. 

23. Special Sessions. — Courts of Special Sessions shall 
have such jurisdiction of offences of the grade of misde- 
meanors as may be prescribed by law. 

ARTICLE VII.— State Debts. 

1. State credit. — The credit of the State shall not in 
any manner be given or loaned to or in aid of any indi- 
vidual, association or corporation. 



194 CONSTITUTION OF NEW YORK STATE. [Art. VII 

2. State debts. The State mav, to meet casual deficits 
or failures in revenues, or for expenses not provided for, 
contract debts ; but such debts, direct or contingent, 
singly or in the aggregate, shall not at any time exceed 
$1,000,000 ; and the moneys arising from the loans 
creating such debts shall be applied to the purpose for 
which they were obtained, or to repay the debts so con- 
tracted, and to no other purpose whatever. 

3. Emergencies. — In addition to the above limited 
power to contract debts, the State may contract debts to 
repel invasion, suppress insurrection, or defend the 
State in war ; but the money arising from the contract- 
ing of such debts shall be applied to the purpose for 
which it was raised, or to repay such debts, and to no 
other purpose whatever. 

4. Limits of legislative poiuer. — Except the debts 
specified in sections 2 and 3 of this article, no debts 
shall hereafter be contracted by or on behalf of this 
State, unless such debt shall be authorized by a law, for 
some single work or object, to be distinctly specified 
therein ; and such law shall impose and provide for the 
collection of a direct annual tax to pay, and sufficient 
to pay, the interest on such debt as it falls due, and 
also to pay and discharge the principal of such debt 
within 18 years from the time of the contracting thereof. 
No such law shall take effect until it shall, at a general 
election, have been submitted to the people, and have 
received a majority of all the votes cast for and against 
it at such election. On the final passage of such bill in 
either house of the Legislature, the question shall be 
taken by ayes and noes, to be duly entered on the jour- 
nals thereof ; and shall be : " Shall this bill pass, and 



Sees. 2-6] STATE DEBTS. 195 

ought the same to receive the sanction of the people ? " 
The Legislature may at any time, after the approval 
of such law by the people, if no debt shall have been 
contracted in pursuance thereof, repeal the same ; and 
may at any time, by law, forbid the contracting of any 
further debt or liability under such law ; but the tax 
imposed by such act, in proportion to the debt and 
liability which may have been contracted, in pursuance 
of such law, shall remain in force and be irrepealable, 
and be annually collected, until the proceeds thereof 
shall have made the provision hereinbefore specified to 
pay and discharge the interest and principal of such 
debt and liability. The money arising from any loan 
or stock creating such debt or liability shall be applied 
to the work or object specified in the act authorizing 
such debt or liability, or for the repayment of such debt 
or liability, and for no other purpose whatever. No 
such law shall be submitted to be voted on, within 3 
months after its passage, or at any general election when 
any other law, or any bill, or any amendment to the 
Constitution, shall be submitted to be voted for or 
against. 

5. Sinking funds.— -The sinking funds provided for 
the payment of interest and the extinguishment of the 
principal of the debts of the State shall be separately 
kept and safely invested, and neither of them shall be 
appropriated or used in any manner other than for the 
specific purpose for which it shall have been provided. 

6. Limitation. — Neither the Legislature, canal board, 
nor any person or persons acting in behalf of the State, 
shall audit, allow, or pay any claim which, as between 
citizens of the State, would be barred by lapse of time, 



196 CONSTITUTION OF NEW YORK STATE. [Art. VII 

This provision shall not be construed to repeal any 
statute fixing the time within which claims shall be 
presented or allowed, nor shall it extend to any claims 
duly presented within the time allowed by law, and 
prosecuted with due diligence from the time of such 
presentment. But if the claimant shall be under legal 
disability, the claim may be presented within two years 
after such disability is removed. 

7. The forest preserve, — The lands of the State, now 
owned or hereafter acquired, constituting the forest pre- 
serve as now fixed by law, shall be forever kept as w r ild 
forest lands. They shall not be leased, sold or ex- 
changed, or be taken by any corporation, public or pri- 
vate, nor shall the timber thereon be sold, removed or 
destroyed. 

8. Canals. — The Legislature shall not sell, lease or 
otherwise dispose of the Erie canal, the Oswego canal, 
the Champlain canal, the Cayuga and Seneca canal, or 
the Black River canal ; but they shall remain the prop- 
erty of the State and under its management forever. 
The prohibition of lease, sale or other disposition herein 
contained, shall not apply to the canal known as the 
Main and Hamburg street canal, situated in the city of 
Buffalo, and which extends easterly from the westerly 
line of Main street to the westerly line of Hamburg 
street. All funds that may be derived from any lease, 
sale or other disposition of any canal shall be applied to 
the improvement, superintendence or repair of the 
remaining portion of the canals. 

9. No tolls. — No tolls shall hereafter be imposed on 
persons or property transported on the canals, but all 
boats navigating the canals, and the owners and masters 



Sees. 7-10] CORPORATIONS. 197 

thereof, shall be subject to such laws and regulations as 
have been or may hereafter be enacted concerning the 
navigation of the canals. The Legislature shall annu- 
ally, by equitable taxes, make provision for the expenses 
of the superintendence and repairs of the canals. All 
contracts for work or materials on any canal shall be 
made with the persons who shall offer to do or provide 
the same at the lowest price, with adequate security for 
their performance. No extra compensation shall be 
made to any contractor ; but if, from any unforeseen 
cause, the terms of any contract shall prove to be unjust 
and oppressive, the canal board may, upon the applica- 
tion of the contractor, cancel such contract. 

10. Improvement of canals. — The canals may be 
improved in such manner as the Legislature shall pro- 
vide by law. A debt may be authorized for that pur- 
pose in the mode prescribed by section four of this 
article, or the cost of such improvement may be defrayed 
by the appropriation of funds from the State treasury, 
or by equitable annual tax. 

ARTICLE VIII.— Corporations. 

1. How created. — Corporations may be formed under 
general laws ; but shall not be created by special act, 
except for municipal purposes, and in cases where, in 
the judgment of the Legislature, the objects of the 
corporation cannot be attained under general laws. All 
general laws and special acts passed pursuant to this 
section may be altered from time to time or repealed. 

2. Debts. — Dues from corporations shall be secured 
by such individual liability of the corporators and 
other means as may be prescribed by law. 



198 CONSTITUTIOK OF NEW YORK STATE. [Art. VIII 

3. Definition. — The term corporations as used in this 
article shall be construed to include all associations and 
joint-stock companies having any of the powers or priv- 
ileges of corporations not possessed by individuals or 
partnerships. And all corporations shall have the 
right to sue and shall be subject to be sued in all courts 
in like cases as natural persons. 

4. Bank charters. — The Legislature shall, by general 
law, conform all charters of savings banks, or institu- 
tions for savings, to a uniformity of powers, rights and 
liabilities, and all charters hereafter granted for such 
corporations shall be made to conform to such general 
law, and to such amendments as may be made thereto. 
And no such corporation shall have any capital stock, 
nor shall the trustees thereof, or any of them, have any 
interest whatever, direct or indirect, in the profits of 
such corporation ; and no director or trustee of any 
such bank or institution shall be interested in any loan 
or use of any money or property of such bank or insti- 
tution for savings. The Legislature shall have no 
power to pass any act granting any special charter for 
banking purposes ; but corporations or associations may 
be formed for such purposes under general law r s. 

5. Specie payments. — The Legislature shall have no 
power to pass any law sanctioning in any manner, 
directly or indirectly, the suspension of specie payments, 
by any person, association or corporation, issuing bank 
notes of any description. 

G. Registry of hills. — The Legislature shall provide 
by law for the registry of all bills or notes, issued or 
put in circulation as money, and shall require ample 
security for the redemption of the same in specie. 



Sees. 3-10] corporations. 199 

7. Stockholders rssponsible. — The stockholders of 
every corporation and joint-stock association for bank- 
ing purposes, shall be individually responsible to the 
amount of their respective share or shares of stock in 
any such corporation or association, for all its debts 
and liabilities of every kind. 

8. Insolvency. — In case of the insolvency of any bank 
or banking association, the billholders thereof shall be 
entitled to preference in payment, over all other credi- 
tors of such bank or association. 

9. State credit. — Neither the credit nor the money of 
the State shall be given or loaned to or in aid of any 
association, corporation or private undertaking. This 
section shall not, however, prevent the Legislature from 
making such provision for the education and support of 
the blind, the deaf and dumb, and juvenile delinquents, 
as to it may seem proper. Nor shall it apply to any 
fund or property now held, or which may hereafter be 
held, by the State for educational purposes. 

10. Restrictions. — No county, city, town or village 
shall hereafter give any money or property, or loan its 
money or credit to or in aid of any individual, associa- 
tion or corporation, or become directly or indirectly the 
owner of stock in, or bonds of, any association or cor- 
poration ; nor shall any such county, city, town or vil- 
lage be allowed to incur any indebtedness except for 
county, city, town or village purposes. This section 
shall not prevent such county, city, town or village 
from making such provision for the aid or support of 
its poor as may be authorized by law. No county or 
city shall be allowed to become indebted for any purpose 
or in any manner to an amount which, including exist- 



£00 CONSTITUTION OF NEW YORK STATE. [Art. VIII 

ing indebtedness, shall exceed 10 per centum of the 
assessed valuation of the real estate of such county or 
city subject to taxation, as it appeared by the assess- 
ment-rolls of said county or city on the last assessment 
for State or county taxes prior to the incurring of such 
indebtedness ; and all indebtedness in excess of such 
limitation, except such as may now exist, shall be abso- 
lutely void, except as herein otherwise provided. No 
county or city whose present indebtedness exceeds 10 
per centum of the assessed valuation of its real estate 
subject to taxation, shall be allowed to become indebted 
in any further amount until such indebtedness shall be 
reduced within such limit. This section shall not be 
construed to prevent the issuing of certificates of indebt- 
edness or revenue bonds issued in anticipation of the 
collection of taxes for amounts actually contained, or to 
be contained in the taxes for the year when such certifi- 
cates or revenue bonds are issued and payable out of 
such taxes. Nor shall this section be construed to pre- 
vent the issue of bonds to provide for the supply of 
water ; but the term of the bonds issued to provide the 
supply of water shall not exceed 20 years, and a sinking 
fund shall be created on the issuing of the said bonds 
for their redemption, by raising annually a sum which 
will produce an amount equal to the sum of the prin- 
cipal and interest of said bonds at their maturity. All 
certificates of indebtedness or revenue bonds issued in 
anticipation of the collection of taxes, which are not 
retired within 5 years £f ter their date of issue, and bonds 
issued to provide for the supply of water, and any debt 
hereafter incurred by any portion or part of a city, if 
there shall be any such debt, shall be included in ascer- 



SeCS. 11, 12] CORPORATIONS. 201 

taining the power of the city to become otherwise 
indebted. Whenever hereafter the boundaries of any 
city shall become the same as those of a county, the 
power of the county to become indebted shall cease, 
but the debt of the county at that time existing shall 
not be included as a part of the city debt. The amount 
hereafter to be raised by tax for county or city purposes, 
in any county containing a city of over 100,000 inhabi- 
tants, or any such city of this State, in addition to 
providing for the principal and interest of existing debt, 
shall not in the aggregate exceed in any one year 2 per 
centum of the assessed valuation of the real and personal 
estate of such county or city, to be ascertained as pre- 
scribed in this section in respect to county or city debt. 

11. State commissions. — The Legislature shall. pro- 
vide for a State Board of Charities, which shall visit and 
inspect all institutions, whether State, county, munici- 
pal incorporated or not incorporated, which are of a 
charitable, eleemosynary, correctional or reformatory 
character, excepting only such institutions as are hereby 
made subject to the visitation and inspection of either 
of the commissions hereinafter mentioned, but includ- 
ing all reformatories except those in which adult males 
convicted of felony shall be confined ; a State Commis- 
sion in Lunacy, which shall visit and inspect all institu- 
tions, either public, or private, used for the care and 
treatment of the insane (not including institutions for 
epileptics or idiots) ; a State Commission of Prisons 
which shall visit and inspect all institutions used for the 
detention of sane adults charged with or convicted of 
crime, or detained as witnesses or debtors. 

12. Appointment. — The members of the said board 



202 CONSTITUTION OF NEW YORK STATE. [Art. Vllt 

and of the said commissions shall be appointed by the 
Governor, by and with the advice and consent of 
the Senate ; and any member may be removed from 
office by the Governor for cause, an opportunity hav- 
ing been given him to be heard in his defence. 

13. Existing laws. — Existing laws relating to institu- 
tions referred to in the foregoing sections and to their 
supervision and inspection, in so far as such laws are 
not inconsistent with the provisions of the Constitution, 
shall remain in force until amended or repealed by the 
Legislature. The visitation and inspection herein pro- 
vided for, shall not be exclusive of other visitation and 
inspection now authorized by law. 

14. Charitable institutions. — Nothing in this Consti- 
tution contained shall prevent the Legislature from 
making such provision for the education and support of 
the blind, the deaf and dumb, and juvenile delinquents, 
as to it may seem proper ; or prevent any county, city, 
town or village from providing for the care, support, 
maintenance and secular education, of inmates of orphan 
asylums, homes for dependent children or correctional 
institutions, whether under public or private control. 
Payments by counties, cities, towns and villages to 
charitable, eleemosynary, correctional and reformatory 
institutions, wholly or partly under private control, for 
care, support and maintenance, may be authorized, but 
shall not be required by the Legislature. No such pay- 
ments shall be made for any inmate of such institutions 
who is not received and retained therein pursuant to 
rules established by the State Board of Charities. Such 
rules shall be subject to the control of the Legislature 
by general laws. 



Sees. 13-15] education. £03 

15. Additional powers, — Commissioners of the State 
Board of Charities and commissioners of the State Com- 
mission in Lunacy, now holding office, shall be continued 
in office for the term for which they were appointed, 
respectively, unless the Legislature shall otherwise pro- 
vide. The Legislature may confer upon the commis- 
sioners and upon the board mentioned in the foregoing 
sections any additional powers that are not inconsistent 
with other provisions of the Constitution. 

ARTICLE IX.-Education. 

1. Free schools. — The Legislature shall provide for 
the maintenance and support of a system of free com- 
mon schools, wherein all the children of this State may 
be educated. 

2. Regents of the University. — The corporation cre- 
ated in the year 1784, under the name of The Eegents 
of the University of the State of New York, is hereby 
continued under the name of The University of the 
State of New York. It shall be governed and its cor- 
porate powers, which may be increased, modified or 
diminished by the Legislature, shall be exercised, by 
not less than nine regents. 

3. How applied. — The capital of the common school 
fund, the capital of the literature fund, and the capital 
of the United States deposit fund, shall be respectively 
preserved inviolate. The revenue of the said common 
school fund shall be applied to the support of common 
schools ; the revenue of the said literature fund shall 
be applied to the support of academies ; and the 
sum of $25,000 of the revenues of the United States 
deposit fund shall each year be appropriated to and 



204 CONSTITUTION OF KEW YOHK STATE. [Art. 1 

made part of the capital of the said common school 
fund. 

4. Sectarian appropriations. — Neither the State nor 
any subdivision thereof, shall use its property or credit 
or any public money, or authorize or permit either to 
be used, directly or indirectly, in aid or maintenance, 
other than for examination or inspection, of any school 
or institution of learning wholly or in part under the 
control or direction of any religious denomination, or 
in which any denominational tenet or doctrine is taught. 

ARTICLE X.— County Officers. 

1. Election of certain officers. — Sheriffs, clerks of 
counties, district attorneys, and registers in counties 
having registers, shall be chosen by the electors of 
the respective counties, once in every 3 years and as 
often as vacancies shall happen, except in the counties 
of New York and Kings, and in counties whose boun- 
daries are the same as those of a city, where such officers 
shall be chosen by the electors once in every 2 or 4 years 
as the Legislature shall direct. Sheriffs shall hold no 
other office, and be ineligible for the next term after the 
termination of their offices. They may be required by 
law to renew their security, from time to time ; and in 
default of giving such new security, their offices shall 
be deemed vacant. But the county shall never be 
made responsible for the acts of the sheriff. The Gov- 
ernor may remove any officer, in this section mentioned, 
within the term for which he shall have been elected ; 
giving to such officer a copy of the charges against him, 
and an opportunity of being heard in his defence. 

2. Election of other officers. — All county officers, whose 
election or appointment is not provided for by this 



Sees. 1-7] COUNTY OFFICERS, 205 

Constitution, shall be elected by the electors of the 
respective counties or appointed by the Boards of Super- 
visors, or other county authorities, as the Legislature 
shall direct. All city, town and village officers, whose 
election or appointment is not provided for by this 
Constitution, shall be elected by the electors of such 
cities, towns and villages, or of some division thereof, 
or appointed by such authorities thereof, as the Legis- 
lature shall designate for that purpose. All other 
officers, whose election or appointment is not provided 
for by this Constitution, and all officers, whose offices 
may hereafter be created by law, shall be elected by the 
people, or appointed, as the Legislature may direct. 

3. Term of office. — When the duration of any office is 
not provided by this Constitution, it may be declared 
by law, and if not so declared, such office shall be held 
during the pleasure of the authority making the appoint- 
ment. 

4. Time of election. — The time of electing all officers 
named in this article shall be prescribed by law. 

5. Vacancies. — The Legislature shall provide for fill- 
ing vacancies in office, and in case of elective officers, 
no person appointed to fill a vacancy shall hold his 
office by virtue of such appointment longer than the 
commencement of the political year next succeeding the 
first annual election after the happening of the vacancy. 

6. Political year. — The political year and legislative 
term shall begin on the 1st day of January ; and the 
Legislature shall, every year, assemble on the first 
Wednesday in January. 

7. Removal. — Provision shall be made by law for the 
removal for misconduct or malversation in office of all 



206 COtfSTITUTIOtf OF KEW YORK STATE. [Art. XI 

officers, except judicial, whose powers and duties are 
not local or legislative and who shall be elected at gen- 
eral elections, and also for supplying vacancies created 
by such removal. 

8. Offices deemed vacant. — The Legislature may de- 
clare the cases in which any office shall be deemed 
vacant when no provision is made for that purpose in 
this Constitution. 

9. Salaries. — No officer whose salary is fixed by the 
Constitution shall receive any additional compensation. 
Each of the other State officers named in the Constitu- 
tion shall, during his continuance in office, receive a 
compensation, to be fixed by law, which shall not be 
increased or diminished during the term for which he 
shall have been elected or appointed; nor shall he 
receive to his use any fees or perquisites of office or 
other compensation. 

ARTICLE XI,— Militia, 

1. How constituted. — All able-bodied male citizens 
between the ages of 18 and 45 years, who are residents 
of the State, shall constitute the militia, subject how- 
ever to such exemptions as are now, or may be hereafter 
created by the laws of the United States, or by the 
Legislature of this State. 

2. Enlistment. — The Legislature may provide for the 
enlistment into the active force of such other persons as 
may make application to be so enlisted. 

3. Organization*— -The militia shall be organized and 
divided into such land and naval, and active and reserve 
forces, as the Legislature may deem proper, provided 

))9WCTW that there 8h&U be mamt$in§ 4 &t all \\m% % 



SeCS. 1-6] CITIES AND VILLAGES. 207 

force of not less than 10,000 enlisted men, fully uni- 
formed, armed, equipped, disciplined and ready for 
active service. And it shall be the duty of the Legis- 
lature at each session to make sufficient appropriations 
for the maintenance thereof. 

4. Staff.— -The Governor shall appoint the chiefs of 
the several staff departments, his aides-de-camp and 
military secretary, all of whom shall hold office during 
his pleasure, their commissions to expire with the term 
for which the Governor shall have been elected ; he 
shall also nominate, and with the consent of the Senate 
appoint, all major-generals. 

5. Other officers. — All other commissioned and non- 
commissioned officers shall be chosen or appointed in 
such manner as the Legislature may deem most condu- 
cive to the improvement of the militia, provided how- 
ever that no law shall be passed changing the existing 
mode of election and appointment unless two-thirds of 
the members present in each house shall concur therein. 

6. Commissions. — The commissioned officers shall be 
commissioned by the Governor as commander-in-chief. 
No commissioned officer shall be removed from office 
during the term for which he shall have been appointed 
or elected, unless by the Senate on the recommendation 
of the Governor, stating the grounds on which such 
removal is recommended, or by the sentence of a court- 
martial, or upon the findings of an examining board 
organized pursuant to law, or for absence without leave 
for a period of six months or more, 

ARTICLE XII.— Citieg and Incorporated Villages* 

1, QrgmmtiQn^It, sMI b§ the duty of the &egis- 
Wm fa pO^Wl lOP lilt Wpu^tioii o« mm aad 



208 CONSTITUTION OF NEW YORK STATE. [Art. XII 

incorporated villages, and to restrict their power of taxa- 
tion, assessment, borrowing money, contracting debts, 
and loaning their credit, so as to prevent abuses in 
assessments, and in contracting debt by such municipal 
corporations. 

2. Classification. — All cities are classified according 
to the latest State enumeration, as from time to time 
made, as follows : The first class includes all cities hav- 
ing a population of 250,000, or more ; the second class, 
all cities having a population of 50,000 and less than 
250,000 ; the third class, all other cities. Laws relating 
to the property, affairs or government of cities, and the 
several departments thereof, are divided into general 
and special city laws ; general city laws are those which 
relate to all the cities of one or more classes ; special 
city laws are those which relate to a single city, or to 
less than all the cities of a class. Special city laws shall 
not be passed except in conformity with the provisions 
of this section. After any bill for a special city law, 
relating to a city, has been passed by both branches of 
the Legislature, the house in which it originated shall 
immediately transmit a certified copy thereof to the 
mayor of such city, and within 15 days thereafter the 
mayor shall return such bill to the house from which it 
was sent, or if the session of the Legislature at which 
such bill was passed has terminated, to the Governor, 
with the mayor's certificate thereon, stating whether 
the city has or has not accepted the same. 

In every city of the first class, the mayor, and in 
every other city, the mayor and the legislative body 
thereof concurrently, shall act for such city as to such 
bill ; but the Legislature may provide for the concur- 



Sees. 2, 3] cities and villages. 209 

rence of the Legislative body in cities of the first class. 
The Legislature shall provide for a public notice and 
opportunity for a public hearing concerning any such 
bill in every city to which it relates, before action 
thereon. 

Such a bill, if it relates to more than one city, shall 
be transmitted to the mayor of each city to which it 
relates, and shall not be deemed accepted unless accepted 
as herein provided, by every such city. Whenever any 
such bill is accepted as herein provided, it shall be sub- 
ject as are other bills, to the action of the Governor. 
Whenever, during the session at which it was passed, 
any such bill is returned without the acceptance of 
the city or cities to which it relates, or within such 15 
days is not returned, it may nevertheless again be 
passed by both branches of the Legislature, and it shall 
then be subject as are other bills, to the action of the 
Governor. In -every special city law which has been 
accepted by the city or cities to which it relates, the 
title shall be followed by the words "accepted by the 
city ", or " cities ", as the case may be ; in every such 
law which is passed without such acceptance, by the 
words "passed without the acceptance of the city", or 
" cities ", as the case may be. 

3. Elections. — All elections of city officers, including 
supervisors and judicial officers of inferior local courts, 
elected in any city or part of a city, and of county officers 
elected in the counties of New York and Kings, and in 
all counties whose boundaries are the same as those of a 
city, except to fill vacancies, shall be held on the Tues- 
day succeeding the first Monday in November in an odd- 
numbered year, and the term of every such officer shall 



210 CONSTITUTION OF NEW YORK STATE. [Art. XIII 

expire at the end of an odd-numbered year. The terms 
of office of all such officers, elected before the 1st day 
of January, 1895, whose successors have not then been 
elected, which under existing laws would expire with 
an even-numbered year, or in an odd-numbered year 
and before the end thereof, are extended to and includ- 
ing the last day of December next following the time 
when such terms would otherwise expire ; the terms of 
office of all such officers, which under existing laws 
would expire in an even-numbered year, and before the 
end thereof, are abridged so as to expire at the end of 
the preceding year. This section shall not apply to 
any city of the third class, or to elections of any judicial 
officer, except judges and justices of inferior local courts. 

ARTICLE XIIL-Oath of office. 

1. Form prescribed. — Members of the Legislature, 
and all officers, executive and judicial, except such 
inferior officers as shall be by law exempted shall, before 
they enter on the duties of their respective offices, take 
and subscribe the following oath or affirmation : "I do 
solemnly swear (or affirm) that I will support the Con- 
stitution of the United States, and the Constitution of 
the State of New York, and that I will faithfully dis- 
charge the duties of the office of , according 

to the best of my ability ;'* .and all such officers who 
shall have been chosen at any election shall, before they 
enter on the duties of their respective offices, take and 
subscribe the oath or affirmation above prescribed, 
together with the following addition thereto, as part 
thereof: 

"And I do further solemnly swear (or affirm) that I 
Imvo nut rlipeotljr or tacliywtljr paid* offered ov promimrii 



SeOS. 1-3] OATH OF OFFICE. 211 

to pay, contributed, or offered or promised to contribute 
any money or other valuable thing as a consideration or 
reward for the giving or withholding a vote at the elec- 
tion at which I was elected to said office, and have not 
made any promise to influence the giving or withhold- 
ing any such vote/' and no other oath, declaration or 
test shall be required as a qualification for any office 01 
public trust. 

2. Taking bribes. — Any person holding office under 
the laws of this State, who, except in payment of his 
legal salary, fees or perquisites, shall receive or consent 
to receive, directly or indirectly, any thing of value or 
of personal advantage, or the promise thereof, for per- 
forming or omitting to perform any official act, or with 
the express or implied understanding that his official 
action or omission to act is to be in any degree in- 
fluenced thereby, shall be deemed guilty of a felony. 
This section shall not affect the validity of any existing 
statute in relation to the offence of bribery. 

3. Offering bribes. — Any person who shall offer or 
promise a bribe to an officer, if it shall be received, 
shall be deemed guilty of a felony and liable to punish- 
ment, except as herein provided. No person offering a 
bribe shall, upon any prosecution of the officer for 
receiving such bribe, be privileged from testifying in 
relation thereto, and he shall not be liable to civil or 
criminal prosecution therefor, if he shall testify to the 
giving or offering of such bribe. Any person who shall 
offer or promise a bribe, if it be rejected by the officer 
to whom it was tendered, shall be deemed guilty of* an 
attempt to bribe, which is hereby declared to be a 

felony. 



212 CONSTITUTION OF NEW YORE STATE. [Art, XIII 

4. Trial for iribery. — Any person charged with re- 
ceiving a bribe, or with offering or promising a bribe, 
shall be permitted to testify in his own behalf in any 
civil or criminal prosecution therefor. 

5. Railroad passes. — No public officer, or person 
elected or appointed to a public office, under the laws 
of this State, shall directly or indirectly ask, demand, 
accept, receive or consent to receive for his own use or 
benefit, or for the use or benefit of another, any free 
pass, free transportation, franking privilege or discrim- 
ination in passenger, telegraph or telephone rates, from 
any person or corporation, or make use of the same 
himself or in conjunction with another. A person who 
violates any provision of this section, shall be deemed 
guilty of a misdemeanor, and shall forfeit his office at 
the suit of the Attorney-General. Any corporation, or 
officer or agent thereof, who shall offer or promise to a 
public officer, or person elected or appointed to a 
public office, any such free pass, free transportation, 
franking privilege or discrimination, shall also be 
deemed guilty of a misdemeanor and liable to punish- 
ment except as herein provided. No person, or officer 
or agent of a corporation giving any such free pass, free 
transportation, franking privilege or discrimination 
hereby prohibited, shall be privileged from testifying in 
relation thereto, and he shall not be liable to civil or 
criminal prosecution therefor if he shall testify to the 
giving of the same. 

6. Prosecution. — Any District Attorney who shall 
fail faithfully to prosecute a person charged with the 
violation in his county of any provision of this article 
which may come to his knowledge, shall be removed 



Sees. 4-6] AtaEtfDMEtffS. &13 

from office by the Governor, after due notice and an 
opportunity of being heard in his defence. The ex- 
penses which shall be incurred by any county, in 
investigating and prosecuting any charge of bribery or 
attempting to bribe any person holding office under the 
laws of this State, within such county, or of receiving 
bribes by any such person in said county, shall be a 
charge against the State, and their payment by the 
State shall be provided for by law. 

ARTICLE XIV.— Amendments. 

1. How made. — Any amendment or amendments to 
this Constitution may be proposed in the Senate and 
Assembly ; and if the same shall be agreed to by a 
majority of the members elected to each of the two 
houses, such proposed amendment or amendments shall 
be entered on their journals, with the yeas and nays 
taken thereon, and referred to the Legislature to be 
chosen at the next general election of Senators, and 
shall be published for three months previous to the 
time of making such choice ; and if in the Legislature 
so next chosen, as aforesaid, such proposed amend- 
ment or amendments shall be agreed to by a majority of 
all the members elected to each house, then it shall be 
the duty of the Legislature to submit such proposed 
amendment or amendments to the people for approval 
in such manner and at such times as the Legislature 
shall prescribe ; and if the people shall approve and 
ratify such amendment or amendments by a majority 
of the electors voting thereon, such amendment or 
amendments shall become a part of the Constitution 
from and after the 1st day of January next after such 
approval. 



M4 CONSTITUTION OF NEW YORK STATE. [Art. XIV 

2. Constitutional conventions. — At the general elec- 
tion to be held in the year 1916, and every 20th year 
thereafter, and also at such times as the Legislature may 
by law provide, the question, " Shall there be a con- 
vention to revise the Constitution and amend the same ? " 
shall be decided by the electors of the State ; and in 
case a majority of the electors voting thereon shall 
decide in favor of a convention for such purpose, the 
electors of every Senate district of the State, as then 
organized, shall elect 3 delegates at the next ensuing 
general election at which members of the Assembly 
shall be chosen, and the electors of the State voting at 
the same election shall elect 15 delegates-at-large. The 
delegates so elected shall convene at the capitol on the 
first Tuesday of April next ensuing after their election, 
and shall continue their session until the business of 
such convention shall have been completed. Every 
delegate shall receive for his services the same compen- 
sation and the same mileage as shall then be annually 
payable to the members of the Assembly. A majority 
of the convention shall constitute a quorum for the 
transaction of business, and no amendment to the Con- 
stitution shall be submitted for approval to the electors 
as hereinafter provided, unless by the assent of a majority 
of all the delegates elected to the convention, the yeas 
and nays being entered on the journal to be kept. The 
convention shall have the power to appoint such officers, 
employes and assistants as it may deem necessary, and 
fix their compensation and to provide for the printing 
of its documents, journal and proceedings. The con- 
vention shall determine the rules of its own proceedings, 
choose its own officers, and be the judge of the election, 



SeCS. 2, 3] DATE OF TAKIXG EFFECT. 215 

returns and qualifications of its members. In case of a 
vacancy, by death, resignation or other cause, of any 
district delegate elected to the convention, such vacancy 
shall be filled by a vote of the remaining delegates 
representing the district in which such vacancy occurs. 
If such vacancy occurs in the office of a delegate-at- 
large, such vacancy shall be filled by a vote of the 
remaining delegates-at-large. Any proposed constitu- 
tion or constitutional amendment which shall have been 
adopted by such convention, shall be submitted to a 
vote of the electors of the State at the time and in the 
manner provided by such convention, at an election 
which shall be held not less than 6 weeks after the 
adjournment of such convention. Upon the approval 
of such constitution or constitutional amendments, in 
the manner provided in the last preceding section, such 
constitution or constitutional amendment, shall go into 
effect on the first day of January next after such 
approval. 

3. Legislative amendments. — Any amendment pro- 
posed by a constitutional convention relating to the 
same subject as an amendment proposed by the Legis- 
lature, coincidently submitted to the people for approval 
at the general election held m the year 1894, or at any 
subsequent election, shall, if approved, be deemed to 
supersede the amendment so proposed by the Legislature. 

ARTICLE XV.— Date of Taking Effect. 

1. This Constitution shall be in force from and 
including the 1st day of January, 1895, except as herein 
otherwise provided. 



COUNTIES OF NEW YORK STATE. 


O 

a 

s 




<s§ 








Popula- 


I 


Name. 





Formed from what. 


Origin of name. 


County Seat. 


tion, 
1890. 




Albany. 


1683 


Original. 


Duke of York. 


Albany, 


164,555 




Allegany. 


1806 


Genesee. 


Allegany river. 


Belmont. 


43,240 




Broome. 


1806 


Tioga. 


John Broome. 


Binghamton. 


62,973 




Cattaraugus. 


1808 


Genesee. 


Indian name. 


Little Valley. 


60,866 


45 


Cayuga. 


1799 


Onondaga. 


Indian tribe. 


Auburn. 


65,302 


i 22 


Chautauqua. 


1808 


Genesee. 


Indian name. 


Mayville. 


75,202 


118 


Chemung. 


1836 


Tioga. 


Chemung river. 


Elmira. 


48,265 


lai 


Chenango. 


1798 


Herkimer and Tioga. 


Chenango river. 


Norwich, 


37,776 


158 


Clinton. 


1788 


Washington. 


George Clinton. 


Pittsburgh. 


46,437 


§13 


Columbia. 


1786 


Albany. 


Columbus. 


Hudson. 


46,172 


[30 


Cortland. 


1808 


Onondaga. 


Pierre Van Cortlandt 


Cortland. 


28,657 


15 


Delaware. 


1797 


Ulster and Otsego. 


Delaware river. 


Delhi. 


45,496 


10 


Dutchess. 


1683 


Original. 


Duchess of York. 


Poughkeepsie. 


77,879 


23 


Erie. 


1821 


Niagara. 


Lake Erie. 


Buffalo. 


322,981 


57 


Essex. 


1799 


Clinton. 


County of England. 


Elizabethtown. 


33,052 


59 


Franklin. 


1808 


Clinton. 


Benjamin Franklin. 


Malone. 


38,110 


39 


Fulton. 


1838 


Montgomery. 


Robert Fulton. 


Johnstown. 


37,650 


47 


Genesee. 


1802 


Ontario. 


Genesee river. 


Batavia. 


33,265 


14 

55 

f 41 


Greene. 


1800 


Albany and Ulster. 


Nathaniel Greene. 


Catskill. 


31,598 


Hamilton. 


1816 


Montgomery. 


Alexander Hamilton 


Sageville. 


4,762 


Herkimer. 


1791 


Montgomery. 


Nicholas Herkimer. 


Herkimer. 


45,608 


1 53 


Jefferson. 


1805 


Oneida. 


Thomas Jefferson. 


Watertown. 


68,806 


3 


Kings. 


1683 


Original. 


King Charles II. 


Brooklyn. 


838,547 


54 


Lewis. 


1805 


Oneida. 


Morgan Lewis. 


Lowville. 


29,806 


23 


Livingston. 


1821 


Genesee and Ontario. 


Robert R. Livingston 


Genesee. 


37,801 


43 


Madison. 


1806 


Chenango. 


James Madison. 


Morrisville. 


42,892 


150 


Monroe. 


1821 


Ontario and Genesee. 


James Monroe. 


Rochester. 


189,586 


40 


Montgomery* 


1772 


Albany. 


Richard Montgomery 


Fonda. 


45,699 


5 


New York. 


1683 


Original. 


City and county iden 


tical. 


1,515,301 


48 


Niagara. 


1808 


Genesee. 


Niagara river. 


Lockport. 


62,491 


'42 


Oneida. 


1798 


Herkimer. 


Indian tribe. 


Utica. 


122,922 


44 


Onondaga. 


1794 


Herkimer. 


Indian tribe. 


Syracuse. 


146,247 


46 


Ontario. 


1789 


Montgomery. 


Lake Ontario. 


Canandaigua. 


48,453 


8 


Orange. 


1683 


Original. 


Son of Duke of York 


Goshen, Newburgh. 


97,859 


49 


Orleans. 


1824 


Genesee. 




Albion. 


30,803 


52 


Oswego. 


1816 


Oneida and Onondaga. 


City of Oswego. 


Pulaski, Oswego. 


71,883 


32 


Otsego. 


1791 


Montgomery. 


Indian name. 


Cooperstown. 


50,861 


9 


Putnam. 


1812 


Dutchess. 


Israel Putnam. 


Carmel. 


14,849 


2 


Queens. 


1683 


Original. 


Wife of Charles II. 


Jamaica. 


128,059 


36 


Rensselaer. 


1791 


Albany. 


Van Rensselaer fam- 
ily. 
Son of Charles II. 


Troy. 


124,511 




Richmond. 


1683 


Original. 


Richmond. 


51,693 




Rockland. 


1798 


Orange. 


Descriptive. 


Clarkstown. 


35,162 


, 60 


St. Lawrence. 


1802 


Clinton, Montgomery 
and Herkimer. 


St. Lawrence river. 


Canton. 


85,048 


38 
35 

33 


Saratoga. 


1791 


Albany. 


Indian name. 


Ballston Spa. 


57,663 


Schenectady. 


1809 


Albany. 


Indi nname. 


Schenectady. 


29,797 


Schoharie. 


1795 


Albany and Otsego. 


Indian name. 


Schoharie. 


29,164 


28 


Schuyler. 


1854 


Steuben, Chemung and 

Tompkins. 
Cayuga. 


Philip Schuyler 


Watkins. 


16,711 


27 


Seneca. 


1804 


Indian tribe. 


Ovid, Waterloo. 


28.227 


19 


Steuben. 


1796 


Ontario. 


Baron Steuben. 


Bath. 


81,473 


1 


Suffolk. 


1683 


Original. 


County of England. 


Riverhead. 


62,491 


12 


Sullivan. 


1809 


Ulster. 


John Sullivan. 


Monticello. 


31,031 


17 


Tioga. 


1791 


Montgomery. 


Indian name. 


Owego. 


29,935 


2.; 


Tompkins. 


1817 


Cayuga and Seneca. 


Daniel D. Tompkins. 


Ithaca. 


32,923 


11 


Ulster. 


1683 


Original. 


Irish Earldom of 

Duke of York. 


Kingston. 


87,062 


50 


Warren. 


1813 


Washington. 


Joseph Warren. 


Caldwell. 


27,866 


|37 


Washington, t 


1772 


Albany. 


George Washington 


Argyle. 


45,690 


51 


Wayne. 


1823 


Ontario and Seneca. 


Anthony Wayne. 


Lyons. 


49,729 


6 


Westchester. 


1683 


Original. 


Town of Westchester 


White Plains. 


146,772 


24 


Wyoming. 


1841 


Genesee. 




Warsaw. 


31,193 


26 


Yates. 


1823 


Ontario. 


Joseph C. Yates. 


Penn Yan. 


21,001 


* Changed fr< 


Dm Tryon, 1784. t Chan| 


?ed from Charlotte, 1784. Total, 


5,997,853 




























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